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Bombay High CourtCAF/1434/2025ca disposed off

Executive Engineer, Lower Wardha Project, Project Division, Wardha v. Ashok S/O Janakrao Supalkar (Since Deceased Thr. Lrs.) Smt. Shobha Wd/O Ashokrao Supalkar And Other

2025-05-08Hon'Ble Shri Justice M. W. Chandwani1 pages

2025:BHC-NAG:4966 1 935 caf1424.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO. 1434 OF 2025 IN FIRST APPEAL NO. 420 OF 2018 EXE.ENGINEER, LOWER WARDHA PROJECT, WARDHA

VERSUS

ASHOK JANAKRAO SUPALKAR (Dead) THRU. Lrs SMT. SHOBHA SUPALKAR & OTHS. ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Ms. Mohit Dube, Advocate h/f Mr. A.B. Nakshane, Advocate for respondent nos.1b to 6 Mr. M. A. Kadu, A.G.P. for respondent nos.7 and 8 CORAM : M. W. CHANDWANI, J.

DATE : MAY 08, 2025.

1.

This is an application seeking permission to withdraw the balance amount of compensation.

2.

The contention is that respondent no.3 is suffering from mouth cancer. A certificate of the laboratory of Dr. Sujata G. Moghe has been filed on record. The record shows that 50% of the decretal amount is already withdrawn by the claimants.

3.

Considering the reason mentioned in the application, respondent no.3 is allowed to withdraw his 1/6th share in the remaining 50% amount of compensation along with accrued interest, on furnishing usual undertaking.

4.

The application is allowed and disposed of.

(M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 08/05/2025 22:12:19