Executive Engineer (V.I.D.C.) Medium Project Division, Nagpur v. Smt. Narmadabai W/O Nagorao Dobale And 2 Others

1 06-FA 1392.2013.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 2083 OF 2025 IN FIRST APPEAL NO. 1392 OF 2013 ( Executive Engineer (VIDC) Nagpur vs. Smt.Narmadabai w/o Nagorao Dobale (Dead) through LRs. ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of the directions, Court's or Judge's order and Registrar's orders.

Mr. Vedant Akhade, Advocate h/f Mr. A.M. Kukday, Advocate for appellant.

Mr. C.R.Najbile, Advocate for respondent Nos. 1(a) and (b). Mrs.Mukta Kavimandan, AGP for respondent Nos. 2 and 3. CORAM :

ABHAY J. MANTRI, J.

ATE :

JUNE 25, 2025 1) The applicants/respondents No.1(a) and 1(b) have moved this application for permitting them to withdraw the balance 50% compensation amount lying in this Court, for which learned counsel for the appellant has given no objection to withdraw 25% out of the said amount on usual undertaking. 2) Considering the reasons stated in the application and no objection given by the learned counsel appearing for the appellant as above, I deem it appropriate to allow the application partly. Hence, the application is partly allowed as under. 3) The applicants are permitted to withdraw 25% of the balance 50% amount along with accrued interest thereon upon furnishing the usual undertaking.

4) The Registrar (J) is directed to transfer the 25% amount out of balance 50% amount along with accrued interest thereon, in

2 06-FA 1392.2013.odt proportionate, as per the Award, in the bank accounts of applicant Nos.1(a) and 1(b) within three weeks on they furnishing their bank account details.

5) Learned counsel for the respondent Nos.1(a) and 1(b) submitted that the respondents have also preferred First Appeal No.913/2012 arising out of the same Award; therefore, he prayed to tag both the appeals together.

6) In view of the same, the First Appeal No.913/2012 be tagged along with this appeal.

7) The learned counsel for the appellant submitted that it has already filed the paper book and therefore, requested to list the matter for final hearing. In response, learned counsel for the respondent Nos. 1(a) and 1(b), so also learned Assistant Government Pleader, have submitted that the matter be listed after four weeks.

8) Accordingly, list both the appeals for final hearing on 23/07/2025.

(ABHAY J. MANTRI, J.) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 26/06/2025 14:24:32