Executive Engineer, Minor Irrigation Project, (Lahan Patbandhare) Division, Wardha v. Sau. Shakuntala W/O Ganeshrao Gade And Others

2024:BHC-NAG:11215 1 4-CAF-2615-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2615 OF 2024 IN FIRST APPEAL NO. 120 OF 2017 (D) THE EXECUTIVE ENGINEER, MINOR IRRIGATION PROJECT (LAHAN PATBANDHARE) DIVISION, WARDHA Vrs.

SAU. SHAKUNTALABAI W/O GANESHRAO GADE AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. Ashwini Athalye, Advocate for appellant.

Shri S. D. Chopde, Advocate for respondent No.1. Shri M.A.Kadu, AGP for respondent Nos.2 to 4. CORAM: SANJAY A. DESHMUKH, J.

DATE : 07/10/2024.

1.

This is an application for withdrawal of amount as per the directions of this Court through the Power of Attorney Holder.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Learned advocate for the respondent No.1 pointed out that while passing order in Civil Application (CAF) No.575/2024, the directions regarding payment of amount under award through the Power of Attorney Holder were not given. Now, the Power of Attorney is filed on record.

5.

Considering the Power of Attorney filed on record, it would be proper to give direction to the Registry of this Court to pay the amount to the Power of Attorney

2 4-CAF-2615-24.odt Holder of respondent No.1 / claimant. The application therefore, deserves to be allowed.

6.

The application is allowed as prayed.

7.

The amount under award along with interest thereon be paid to the Power of Attorney Holder of respondent No.1 / claimant - Sau.Shakuntalabai w/o Ganeshrao Gade.

8.

It is clarified that the said amount be transferred in the account of respondent no.1 / claimant by RTGS.

9.

Application is allowed and disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 08/10/2024 18:46:36