The Exe. Engineer, Mah. Industrial Dev. Corp. Regional Manager, Midc Amravati Vs Smt. Hubree W/O Sayyad Nur and Oths — Bombay HC (2025) — LawSathi Research

The Exe. Engineer, Mah. Industrial Dev. Corp. Regional Manager, Midc Amravati Vs Smt. Hubree W/O Sayyad Nur and Oths — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of permitting release of the amount to the share of deceased respondent No.1-f to the Special Power of Attorney holder of respondent No.1-b, subject to the applicant filing an undertaking on affidavit to refund the entire amount along with interest if any other legal representative claims it; any balance along with interest remaining with the Registry after such withdrawal to be withdrawable by the appellant-Corporation.

Issue for consideration

Whether the amount falling to the share of respondent No.1-f (who expired on 25.02.2023) in First Appeal No.1067/2010 should be released to the sole surviving legal representative of respondent No.1-f through the Special Power of Attorney holder of respondent No.1-b, and subject to what conditions.

Court's answer

As the contents of the application were made on affidavit and were not controverted, the application stands disposed of permitting release of the amount to the share of respondent No.1-f, subject to the condition that if any other legal representative claims the amount, the applicant shall refund the entire amount along with interest, supported by an undertaking on affidavit filed before the Court.

Ratio / Principle

After the withdrawal of the amount, any balance amount along with interest remaining with the Registry of the Court shall be permitted to be withdrawn by the appellant-Corporation.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Pravin S. Patil, J.; decision dated 25.11.2025) - Civil Application (CAF) No.3834/2025 in First Appeal No.1067/2010 (The Executive Engineer, MIDC / Regional Manager, MIDC Amravati v. Smt. Hubree w/o Sayyad Noor and others): The applicant, claiming to be the only surviving legal representative of respondent No.1-f who expired on 25.02.2023, sought release of the amount to the share of the deceased respondent to the Special Power of Attorney holder of respondent No.1-b, supported by the applicant's affidavit and that of respondent No.1-b. The contents, made on affidavit and uncontroverted, were accepted. The application was disposed of permitting release of the amount to the share of respondent No.1-f, subject to the applicant furnishing an undertaking on affidavit to refund the entire amount along with interest if any other legal representative claimed it. Any balance amount along with interest remaining with the Registry after such withdrawal was made withdrawable by the appellant-Corporation. No statute or precedent was cited and no quantum was indicated in the order.

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

CIVIL APPLICATION (CAF) NO.3834/2025 IN

FIRST APPEAL NO.1067/2010

The Executive Engineer, Maharashtra Industrial Development Corporation Regional Manager, MIDC Amravati

Vs.

Smt. Hubree w/o Sayyad Noor and others.

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

Court's or Judge's orders

and Registrar's orders

- - - - ----- ------------ - Shri Abuzain Shaikh, Advocate h/f Shri B.J. Lonare, Advocate for LR’s of respondent No.1 Shri M.A. Kadu, AGP for respondent/State

CORAM : PRAVIN S. PATIL, J. DATE : 25.11.2025

By this application, the directions are sought to release the amount which comes to the share of respondent No.1-F to the Special Power of Attorney holder of respondent No.1-b. It is seen from the record that respondent No.1-f has expired on 25.02.2023. It is stated that the present applicant is the only surviving legal representative of respondent No.1-f.

To substantiate this fact, the separate affidavit of applicant is placed on record. So also, the affidavit of respondent No.1-b is also placed on record in whose name the Special Power of Attorney is prepared.

In the circumstances, as the contents of the application are made on affidavit and same are not

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controverted in the matter, subject to conditions that if any other legal representatives claim the amount, the present applicant will refund the entire amount along with interest and in that regard, he will file an undertaking on affidavit before this Court. The present application stands disposed of.

After the withdrawal of amount, if any balance amount along with interest remains with the Registry of this Court, the same shall be permitted to withdraw by the appellant-Corporation.

(PRAVIN S. PATIL J.)

R.S. Sahare