Bombay High Court
Vasant S/O Laxman Mehetre And ... vs State Of Maharashtra Thr. ... on 4 August, 2021
Bench: Pushpa V. Ganediwala
20ca1240n1237.2020.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO. 123 OF 2017
(Vasanta s/o Laxman Mehetre and ors. Vs. State of Mah. & anr.)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri S.S. Wandile, Advocate for the appellants.
Shri A.M. Kadukar, A.G.P. for respondent No. 1.
Ms. A.S. Athalye, Advocate for respondent No. 2.
CORAM:- PUSHPA V. GANEDIWALA, J.
DATED :- AUGUST 04, 2021
Civil Application Nos. 1240/2020, 1037/2020, 1239/2020
And 1241/2020
The appellants seek to bring on record the
legal representatives of the deceased appellant No. 2 after
condoning the delay in filing the application.
2. The appeal was disposed of by judgment
dated 08/08/2019. Learned counsel for the appellant in
paragraph No. 6 of Civil Application No. 1037/2020 states
that due to inadvertence, the legal representatives of the
appellant No. 2, remained to be brought on record.
3. One of the legal representatives of
deceased/appellant No. 2 is already on record i.e.
appellant No. 4 - Ramesh s/o Maroti Mehetre.
4. Learned counsel for the appellant states that
the legal representatives whose names are specified in
paragraph No. 6 of Civil Application No. 1037/2020 are
the other legal representatives of the deceased-appellant
No. 2 who are required to be brought on record. Hence,
there is no abatement. Hence, the applications are
allowed.
5. The legal representatives of the deceased-
appellant No. 2 whose names are specified in paragraph
No. 6 of the Civil Application No. 1037/2020 be brought
on record within a period of one week. Cause title be
amended accordingly.
6. All civil applications stand disposed of.
Civil Application Nos. 1243/2020
1. This is an application for correcting the
names of legal representative of appellant No. 3.
2. The applicant/appellant No. 4 states that at
the time of bringing legal representatives of respondent
No. 3 on record, the name of legal representative of
Sudhakar s/o Vasant Mehetre was given as Krish, since at
home he is called by his pet name. However, it is
submitted that in the birth certificate at Annexure-A and
in other documents his name is 'Yug Sudhakar Mehetre'.
3. Learned counsel seeks permission to correct
the name of Krish as 'Yug @ Krish Sudhakar Mehetre'.
4. Considering the above submission, the
application is allowed.
5. Necessary amendment be carried out within a
period of one week.
6. The civil application stands disposed of
accordingly.
Civil Application Nos. 1242/2020
1. By way of this application, the
applicant/appellant No. 4 sought directions that an
amount of compensation to the share of minor by name
Yug @ Krish Sudhakar Mehetre i.e. around Rs. 9,00,000/-
(1/4th share) (Rs. Nine lakhs only) be deposited in Fixed
Deposit with Central Bank of India, Salod (Hirapur), Tah.
& Dist. Wardha where the minor is holding the joint bank
account with his grandmother by name Smt. Shantabai
Vasant Mehetre.
2. It is further prayed that the periodical interest
accrued on Fixed Deposit amount be deposited in the joint
bank account of minor with his grandmother
Smt. Shantabai Vasant Mehetre bearing account No.
3985050562 which shall be utilized for the education of
the minor.
3. Considering the nature of the prayer made
and in order to safeguard the interest of the minor, the
application is allowed in terms of prayer clauses (i) and
(ii) which are reproduced below :
"i) to allow the application and be pleased
to order deposit of 1/4th share of
compensation in Central Bank of India,
Salod, Tal. and Dist. Wardha, in the name
of Yug @ Krish Sudhakar Mehetre, and
further
ii) direct the Central Bank of India,
Salod (Hirapur), Ta. and District Wardha
to deposit/transfer the interest accrued on
fixed deposit every month in the joint
Bank Account No. 3985050562 of Yug @
Krish Sudhakar Mehetre and Shantabai
Vasant Mehetre."
4. The civil application stands disposed of
accordingly.
JUDGE
*DB
