Executive Engineer, Bembla Project Division, Yavatmal Vs Smt. Venubai Wd/O Nilkanthrao Didpaye and Others — Bombay HC (2025) — LawSathi Research

Executive Engineer, Bembla Project Division, Yavatmal Vs Smt. Venubai Wd/O Nilkanthrao Didpaye and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the compensation amount with accrued interest lying in the Court permitted within four weeks; Registrar (J) to transfer the amount to the bank account of Applicant No. 2(a) – Sarala Ashok Didpaye; she to distribute it as per the award among applicant Nos. 2(b), 2(c) and 3 to 7 and file an affidavit within two weeks of receipt; application disposed of accordingly.

Issue for consideration

Whether the applicants (respondent Nos. 2(a) to 2(c) and 3 to 7) should be permitted to withdraw the amount lying in this Court along with accrued interest thereon. +1 more

Court's answer

The application is allowed; the applicants are permitted to withdraw the compensation amount along with accrued interest thereon lying in this Court, within four weeks.

Ratio / Principle

The Registrar (J) is directed to transfer the amount with accrued interest, within four weeks, to the bank account of Applicant No. 2(a) – Sarala Ashok Didpaye, upon her furnishing bank account details to the registry.

Key takeaways

Applicant No. 2(a) is directed to distribute the amount as per the award in favour of applicant Nos. 2(b), 2(c) and 3 to 7 and to submit her affidavit to that effect within two weeks after receipt of the amount.ratio¶18

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Abhay J. Mantri, J.), Civil Application (CAF) No. 2488 of 2025 in First Appeal No. 524 of 2016, decided 17-07-2025: Applicants/respondent Nos. 2(a) to 2(c) and 3 to 7 sought withdrawal of the compensation amount with accrued interest lying in the Court, the learned Advocate for the appellant (Executive Engineer, Bembla Project Division, Yavatmal) giving no objection since the applicants' Special Leave Petition was allowed and the learned Reference Court's award stood confirmed. The application was allowed and withdrawal permitted within four weeks. Relying on a Power of Attorney dated 06-06-2025 executed by applicant Nos. 2(b), 2(c) and 3 to 7 in favour of Applicant No. 2(a), Sarala Ashok Didpaye, the Registrar (J) was directed to transfer the amount with accrued interest, within four weeks, to her bank account upon her furnishing account details; Applicant No. 2(a) was directed to distribute the amount as per the award among applicant Nos. 2(b), 2(c) and 3 to 7 and submit an affidavit within two weeks after receipt. Application disposed of accordingly.

025:BHC-NAG:5

1 caf2488.25.odt

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

CIVIL APPLICATION (CAF) NO. 2488 OF 2025 IN

FIRST APPEAL NO. 524 OF 2016

( Executive Engineer, Bembla Project Division, Yavatmal ..vs.. Venubai wd/o Nilkanthrao Didpaye and others )

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

- - - - Ms. M.V. Babhulkar, Advocate h/f. Mr. M.A. Kadu, Advocate for the appellant, Mr. Mohit Dube, Advocate for respondent Nos. 2(a), 2(b), 2(c) to 7, Mrs. H.S. Dhande, A.G.P. for the respondents/State.

CORAM : ABHAY J. MANTRI, J.

DATED : 17-07-2025

Applicants/respondent Nos. 2(a) to 2(c) and 3 to 7 have filed this application to permit them to withdraw the amount lying in this Court along with accrued interest thereon, for which the learned Advocate for the appellant has given no objection as the Special Leave Petition preferred by the applicants was allowed and the award passed by the learned Reference Court was confirmed.

In view of the above, the application is allowed. The applicants are permitted to withdraw the compensation amount along with accrued interest thereon lying in this Court, within four weeks.

The learned Advocate for the applicants has also drawn my attention to the Power of Attorney dated 06-06-2025 executed by applicant Nos. 2(b), 2(c) and 3 to 7 in favour of applicant No. 2(a) and submitted that as per the clause in the Power of Attorney, the said amount be deposited in the bank account of the applicant No. 2(a), for which the other

2 caf2488.25.odt

respondents have given no objection. Applicant No.2(b), 2(c) and 3 to 7 have authorised Applicant No.2(a) to collect the said amount.

In view of the same, the Registrar (J) is directed to transfer the said amount along with accrued interest thereon lying in this Court, within four weeks, in the bank account of applicant No. 2(a) – Sarala Ashok Didpaye, upon her furnishing bank account details to the registry.

Applicant No. 2(a) is directed to distribute the said amount as per the award in favour of applicant Nos. 2(b), 2(c) and 3 to 7 and submit her affidavit in that regard, within two weeks after receipt of the amount.

The application is disposed of accordingly.

(ABHAY J. MANTRI, J.)

adgokar