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Bombay High CourtCAF/2233/2024ca disposed off

Mah Industrial Development Corporation.. v. Baliram Chandu Rathod And Others..

2024-08-21Hon'Ble Shri Justice Sanjay Anandrao Deshmukh3 pages

caf2232.24,2233.24&2235.24.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL No.749 OF 2004 (Maharashtra Industrial Development Corporation, through its Chief Executive Officer, having its regional office at Amravati Vs. Baliram s/o. Chandu Rathod and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M.M. Agnihotri, Advocate for appellant.

Mr. S.P. Kshirsagar, Advocate for respondent Nos.1,2(b)&2(e) Mr. V.N. Patre, Advocate for respondent Nos.2(a),2(c) & 2(d) Mr. M.A. Kadu, AGP for respondent Nos.3 and 4. C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 21 st AUGUST, 2024.

CIVIL APPLICATION (CAF) No.2233 OF 2024 1.

This is an application filed by respondent No.1 for withdrawal of amount deposited by the appellant in this Court.

2.

For the reasons stated in the application, the application is allowed.

3.

The claimant-respondent No.1 is permitted to withdraw 50% amount of total amount of Rs.1,22,75,466/- along with accrued interest. 4.

The Registry is directed to pay 50% amount from the total amount of Rs.1,22,75,466/- along with accrued interest to the claimant-respondent No.1. 5.

CIVIL APPLICATION (CAF) No.2232 OF 2024 1.

This is an application filed by respondent No.2(b) and 2(e) for withdrawal of amount deposited by

caf2232.24,2233.24&2235.24.odt 2/3 the appellant in this Court.

2.

For the reasons stated in the application, the application is allowed.

3.

The claimants-respondent No.2(b) and 2(e) are permitted to withdraw amount of Rs.24,55,093/- along with accrued interest.

4.

The claimant-respondent No.2(e) executed power-of-attorney in favour of respondent No.2(b). 5.

The Registry is directed to pay Rs.24,55,093/- to the power-of-attorney holder i.e. respondent No.2(b) along with accrued interest after due verification of power-of-attorney.

6.

CIVIL APPLICATION (CAF) No.2235 OF 2024 1.

This is an application filed by respondent No.2(a), 2(c) and 2(d) for withdrawal of amount deposited by the appellant in this Court.

2.

For the reasons stated in the application, the application is allowed.

3.

The claimant-respondent No.2(a), 2(c) and 2(d) are permitted to withdraw amount of Rs.36,82,639/- along with accrued interest.

4.

The claimant-respondent No.2(a) and 2(c) executed power-of-attorney in favour of respondent No.2(d).

5.

The Registry is directed to pay Rs.36,82,639/- to the power-of-attorney holder i.e. respondent No.2(d) along with accrued interest after due verification of power-of-attorney.

caf2232.24,2233.24&2235.24.odt 3/3 6.

FIRST APPEAL No.749 OF 2004.

Learned Advocate for the applicants pointed out that in applicants' Aadhar Cards the name of father is shown as 'Mehram' and also 'Meharam' and in appeal memo it is typed as 'Meram'. Registry to note that all three names are one and same person and pay the said amount to the applicants accordingly.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 22/08/2024 18:17:03