Spl. Project Div., Thr. Exe. Engineer, V.I.D.C., Amravati (Amravati Project Construction Div. No.1) v. Mahadeo S/O Ramaji Nemade And Others
1 06-B-FAST 23771.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR FIRST APPEAL (STAMP) NO. 23771 OF 2023 ( Special Project Division through Executive Engineer VIDC Amravati vs.
Late.Mahadeo Ramji Nemade, through legal heirs and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.
Mr. V.B.Rathi, Advocate h/f Mr.P.B.Patil, Advocate for appellant. Ms.Shreya Bhagat, Advocate h/f Mr.P.R.Agrawal, Advocate for respondents No.1(a) to 1(g), 2 and 3.
Mr. M.A.Kadu, AGP for respondents No.4 and 5. CORAM :
ABHAY J. MANTRI, J.
ATE :
AUGUST 14, 2025 Learned counsel for the appellant further submitted that after passing of the judgment and award and before filing of the appeal, respondent No.1, Mahadeo Ramji Nemade, died on 31/07/2023 and accordingly, legal heirs of respondent No.1 have filed Civil Application Nos.2576/2025 and 2960/2025 along with Civil Application No.2961/2025. The legal heirs of the original respondent No.1, Mahadeo Ramji Nemade, have filed his death certificate and the names of his legal heirs; therefore, he orally seeks leave to bring their names on record within two weeks. Leave is granted as prayed. The appellant is permitted to bring the legal heirs of respondent No.1 on record within two weeks and supply a copy of the amended application/appeal memo to the other side within one week thereafter.
2 06-B-FAST 23771.2023.odt CIVIL APPLICATION (F) NO. 2576 OF 2025.
AND CIVIL APPLICATION (F) NO. 2960 OF 2025.
Applicants/respondents No.1(a) to 1(g), 2 and 3 have moved these applications to permit them to withdraw the compensation amount along with interest accrued thereon and transmit the same to the bank account of respondent No.2, Ambadas Ramji Nemade.
It also appears that applicants No.1(a) to 1(g), and 3 have executed a power of attorney in favour of applicant/respondent No.2, Ambadas Ramji Nemade and thereby authorised him to collect the amount on their behalf. However, it appears that the name of applicant No.1(f) Kamala Lahanuji Sonone is not mentioned in the list of executors of the power of attorney; however, she has signed the said power of attorney. 3) Having considered the reasons disclosed in the applications, as well as no objection given by learned counsel for the appellant, and considering the power of Attorney, the Civil Application No.2576/2025 is allowed, and Civil Application No.2960/2025 is partly allowed.
4) The Registrar (J) is directed to transmit the compensation amount along with interest accrued thereon in the bank account of applicant No.2, Ambadas Ramji Nemade and applicant No.1(f) Kamala Lahunuji Sonone in proportionate amounts as per the award within seven weeks on their furnishing usual undertaking and their bank account details to the Registry. 5) Both these applications are disposed of accordingly.
3 06-B-FAST 23771.2023.odt FIRST APPEAL (STAMP) NO. 23771 OF 2023 At the request of learned counsel for the appellant, four weeks are granted to file a reply to the application of the respondents seeking direction to deposit the remaining balance amount.
List the matter on 11/09/2025.
( ABHAY J. MANTRI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 16/08/2025 12:44:31