Allowed

Suryaprakash Madanlal Bhattad and Others v. Mr. R.P. Warhade, Exe. Engineer, v.I.D.C., Lower Wardha Proj. Division, Wardha and Another

Bombay HC15 Dec 2023CAO/108/2024

Case brief

AI extract

What is this about?

Allowed Civil Applications seeking withdrawal of court-deposited amounts by petitioners other than the named respondent in the appeal, relying on notarized powers of attorney.

What did the court decide?

Withdrawal of deposited amounts permitted for Petitioners 2 and 3 (CAN No. 112/2023) and Petitioner 1-a (CAN No. 109/2023) based on powers of attorney.

Suryaprakash Madanlal Bhattad and Others vs… — Civil Procedure and Limitation | Bombay HC (2023)

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1 corrected-can-112-23.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CIVIL APPLICATION (CAN) NO.112/2023 IN

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CONTEMPT PETITION NO. 161/2022(D) IN CROSS OBJECTION NO. 89/2017 (D)

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FIRST APPEAL NO. 221/2026 (D) Suryaprakash s/o Madanlal Bhattad & Ors. Vs. R.P. Warhade & Anr. IN

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WRIT PETITION NO. 221/2016 WITH CIVIL APPLICATION (CAN) NO.109/2023 IN CONTEMPT PETITION NO. 163/2022(D) IN CROSS OBJECTION NO. 85/2017 (D) IN

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FIRST APPEAL NO. 487/2014

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Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

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Mr. Rahul Bhangde, Advocate for petitioner Mr. Amit Kukday, Adv. for Respondent No.1 Mr. M.A. Kadu, AGP for Respondent / State

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CORAM: AVINASH G. GHAROTE, J.

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DATED : 15^th December, 2023

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The petitioners are already permitted to withdraw the amount deposited in this Court by order dated 03/11/2023 in Contempt Petition No. 161/2022. Civil Application (CAN) No.112/2023, seeks withdrawal of the amount in the name of the petitioner No.3 on account of the petitioner Nos. 2

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2 corrected-can-112-23.odt

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and 3 having authorized to him to do so. A copy of the notarized power of attorney dated 27/11/2023, accepting which, the amount is permitted to be withdrawn in the name of petitioner no.1. The civil application is accordingly allowed in the above terms.

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Petitioner no.3 is corrected as No.1 as per order passed in Civil Application (CAO) No. 108/2024 dt. 09/2/2024

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Petitioner no.1-a is corrected as No.1-b as per order passed in Civil Application (CAO) No. 109/2024 dt. 09/2/2024

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CIVIL APPLICATION (CAN) NO.109/2023

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The petitioners are already permitted to withdraw the amount deposited in this Court by order dated 03/11/2023 in Contempt Petition No. 163/2022. Civil Application (CAN) No.109/2023 seeks withdrawal of the amount in the name of the petitioner No.1-a on account of the other petitioners having authorized to her to do so. A copy of the notarized power of attorney dated 24/11/2023, accepting which, the amount is permitted to be withdrawn in the name of petitioner no.1-b. Civil Application is accordingly allowed in the above terms.

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JUDGE

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MP Deshpande

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Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 12/02/2024 14:42:11

Suryaprakash Madanlal Bhattad and Others v. Mr. R.P. Warhade, Exe. Engineer, v.I.D.C., Lower Wardha Proj. Division, Wardha and Another

Case brief

What is this about?

What did the court decide?

Suryaprakash Madanlal Bhattad and Others v. Mr. R.P. Warhade, Exe. Engineer, v.I.D.C., Lower Wardha Proj. Division, Wardha and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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