Special Project Division, Thr. Its Executive Engineer, v.I.D.C., Amravati vs Rambhau S/O Mahadeo Sonone and Others — Bombay HC (2025) — LawSathi Research

Special Project Division, Thr. Its Executive Engineer, v.I.D.C., Amravati vs Rambhau S/O Mahadeo Sonone and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to the applicants (legal representatives of respondent No.1) to withdraw the compensation amount with accrued interest upon the usual undertaking and applicant 1-b's bank account details; Registrar (J) to transmit the amount to applicant 1-b's bank account; applicant 1-b to distribute the amount equally among applicant Nos. 1-a, 1-c and 1-d within three weeks of receipt and file an affidavit of distribution; two weeks' time granted to bring the legal heirs of respondent No.1 on record.

Issue for consideration

Whether the legal representatives of respondent No.1 may be permitted to withdraw the compensation amount (with accrued interest) and have it released in favour of applicant 1-b. +1 more

Court's answer

Considering the reasons disclosed in the applications and the no objection by the advocate for the appellant, both civil applications are allowed.

Ratio / Principle

The applicants are permitted to withdraw the compensation amount along with interest accrued thereon on furnishing the usual undertaking and the bank account details of applicant 1-b to the Registry.

Key takeaways

Registrar (J) is directed to transmit the compensation amount to the bank account of applicant 1-b on his furnishing the usual undertaking and bank account details.ratio¶19
Applicant No.1-b shall distribute the amount equally among the legal representatives of respondent No.1, i.e. applicant Nos. 1-a, 1-c and 1-d, within three weeks after receipt of the amount in his bank account.ratio¶20
After distribution, applicant No.1-b is directed to file an affidavit about the equal distribution of the amount among applicant Nos. 1-a, 1-c and 1-d; accordingly, the applications stand disposed of.

Detailed headnote1 paragraphs

High Court of Bombay, Nagpur Bench (Abhay J. Mantri, J., 06-08-2025): Civil Applications (CAF) Nos. 2803 and 2815 of 2025 in First Appeal ST No. 25505 of 2024 (Special Project Divn thr EE, Amravati Irrigation Dev Corpn, Amravati v. Late Rambhau Mahadeo Sonone and ors) - applications by the legal representatives of the deceased first respondent seeking withdrawal of the compensation amount were allowed, the appellant's counsel having raised no objection. Applicant Nos. 1-a, 1-c and 1-d had executed a power of attorney in favour of applicant 1-b (Gopal Rambhau Sonone); the applicants were permitted to withdraw the compensation amount along with accrued interest on furnishing the usual undertaking and applicant 1-b's bank account details to the Registry, and Registrar (J) was directed to transmit the amount to that account. Applicant 1-b was directed to distribute the amount equally among applicant Nos. 1-a, 1-c and 1-d within three weeks of receipt and to file an affidavit recording the equal distribution. Two weeks' time was granted to the appellant to bring the legal heirs of respondent No.1 on record. Applications disposed of.

1 29caf2802.2025..odt

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

CIVIL APPLICATION (CAF) NO. 2803 OF 2025 and CIVIL APPLICATION (CAF) NO. 2815 OF 2025

IN

FIRST APPEAL ST NO. 25505 OF 2024

(Special Project Divn thr EE, Amravati Irrigation Dev Corpn, Amravati Vs. Late Rambhau Mahadeo Sonone and ors)

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

Mr. U.A. Gosavi, Advocate for appellant. Mr. P.R. Agrawal, Advocate for respondent No.1. Mr. M.A. Kadu, AGP for respondent Nos. 2 and 3.

CORAM : ABHAY J. MANTRI, J.

DATED : 06-08-2025

Heard.

The applicants/legal representative of respondent No.1 have filed these applications for permitting them to withdraw the compensation amount and for releasing the said amount in the name of applicant 1-b Gopal Rambhau Sonone, for which learned counsel for appellant has given no objection.

Having considered the reasons disclosed in the application as well as the no objection by the advocate for the appellant, the applications are allowed.

It is submitted that the applicant Nos. 1-a,1-c and 1-d have executed a power of attorney in favour of applicant 1-b and authorized him to collect the amount on their behalf. In view of the same, both the applications are allowed.

The applicants are permitted to withdraw the compensation amount along with interest accrued thereon on furnishing the usual undertaking and the bank account details of applicant 1-b to the Registry.

2 29caf2802.2025..odt

Registrar (J) is directed to transmit said amount to the bank account of applicant 1-b on his furnishing the usual undertaking and bank account details.

It is made clear that the applicant No.1-b shall distribute the amount equally among the legal representative of respondent No.1. i.e. applicant Nos. 1-a, 1-c & 1-d, within three weeks after receipt of the amount in his bank account. Thereafter, applicant No.1-b is directed to file an affidavit about the distribution of said amount equally among applicant No. 1- a, 1-c, and 1-d. Accordingly, applications are disposed of.

Learned counsel for appellant seeks two weeks' time to bring the legal heirs of respondent No.1 on record as mentioned in Civil Application No. 2803/2025. Time as prayed is granted.

(ABHAY J. MANTRI, J.)

Belkhede