The Executive Engineer, Arunavati Project, Digras, Yavatmal v. Shri. Kashinath Maniksa Nile And Others

2024:BHC-NAG:8059 1 13-CAF-1890-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1890 OF 2024 IN FIRST APPEAL NO. 650 OF 2024 EXECUTIVE ENGINEER, ARUNAVATI PROJECT, DIGRAS, DIST. YAVATMAL Vrs.

SHRI KASHINATH MANIKSA @ MANIKRAO NILE 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 T. M. Zaheer, Advocate for appellant.

Shri V. N. Patre, Advocate for respondent Nos.1 to 3. Shri M.A.Kadu, AGP for respondent Nos.4 and 5. CORAM: SANJAY A. DESHMUKH, J.

DATE : 25/07/2024.

1.

This is an application for withdrawal of amount of Rs.26,36,902/- deposited in this Court.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Considering the peculiar set of facts, the application deserves to be allowed.

5.

Registry is directed to pay 75% amount on usual undertaking and remaining 25% amount on solvent surety.

6.

The amount be paid to the power of attorney of respondent Nos.1 and 2 i.e. respondent No.3.

7.

Registry is directed to verify the power of attorney and pay the said amount to respondent No.3. 8.

The application is allowed and disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 29/07/2024 15:45:56