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Bombay High CourtCAF/1759/2024ca disposed off

V.I.D.C. Thr. Exe. Engineer, Purna Medium Project, Achalpur, Amravati And Another v. Shravan S/O Sakharam Bavankar (Dead) Through Lrs. Madhukar S/O Shravan Bavankar And Others

2024-07-22Hon'Ble Shri Justice Sanjay Anandrao Deshmukh1 pages

2024:BHC-NAG:7847 1 13-CAF-1759-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1759 OF 2024 IN FIRST APPEAL NO. 178 OF 2024 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION AND ANOTHER Vrs.

SHRAVAN S/O SAKHARAM BAVANKAR (DEAD) THROUGH LRS 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 M. A. Kadu, Advocate for appellants.

Shri P. P. Pendke, AGP for respondent Nos.9 and 10. CORAM: SANJAY A. DESHMUKH, J.

DATE : 22/07/2024.

1.

This is an application for withdrawal of amount of Rs.13,09,703/-.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Considering the peculiar set of facts, it would be proper to allow the application to the extent of 75% amount along with accrued interest.

5.

The application is partly allowed.

6.

The Registry is directed to pay 75% amount along with accured interest on furnishing usual undertaking. The amount shall be paid to the Power of Attorney i.e. respondent No.5 - Maroti s/o Shravan Bavankar after verification.

7.

The application is disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 23/07/2024 17:52:30