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Bombay High CourtCAF/1429/2024disposedoff

Shri Surendrasing Jarnyalsingh Rehal v. Exe. Engineer, World Bank Project Division, Public Works Department, Nagpur And Others

2026-05-07Hon'Ble Shri Justice Yanshivraj Gopichand Khobragade2 pages

2026:BHC-NAG:7136 1 30-fa-640-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1429 OF 2024 IN FIRST APPEAL NO. 640 OF 2023 Surendrasingh Jarnyalsingh Rehal Vs.

Executive Engineer, World Bank Project, Nagpur and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri S. S. Ghate, Advocate for appellant.

Shri G. S. Umale, AGP for respondent no. 1/State. Ms. Dhammadina A. Waghmare, Advocate for respondent no. 2 to 5. CORAM :- Y. G. KHOBRAGADE, J.

DATED :- 07.05.2026 Heard the learned counsel for the respective parties.

2.

By the present application, respondent nos. 2 to 5 seek permission to withdraw the compensation of Rs.3,68,340/- awarded under the judgment and award dated 11.07.2022 passed in Application ECA No. (B)- 28/2018 by the Commissioner under Employees Compensation Act & Judge, 4th Labour Court, Nagpur. 3.

The learned counsel appearing for the appellant and learned AGP strongly opposed the application on the grounds that in case the impugned judgment and award is reversed or modified in that event it will not be possible to recover the amount. RR Jaiswal

2 30-fa-640-23.odt 4.

However, to meet the education and medical expenses, it would be just and proper to permit respondent nos. 2 to 5 to withdraw 75% of the compensation deposited before the Trial Court. 5.

At this juncture, the learned AGP passed a communication dated 11.04.2023 issued by the Executive Engineer, World Bank Project Division, Nagpur addressed to 4th Labour Court, Nagpur about deposit of the compensation including the interest in pursuance of the impugned judgment and award. Therefore, respondent nos. 2 to 5 are hereby permitted to withdraw 75% of the said compensation amount with accrued interest on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

6.

Needless to say that the said amount of compensation shall be disbursed from the amount deposited on behalf of respondent no. 1- Executive Engineer, World Bank Project Division, PWD, Nagpur before the Trial Court.

7.

The application stands disposed of.

(Y. G. KHOBRAGADE, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 07/05/2026 18:08:13 RR Jaiswal