Divisional Contorller, ... vs Suryabhan S/O. Gulabrao Jaunjal ...
2021 Latest Caselaw 12231 Bom

                                                                                                                                        3108caw522 of 2021.odt
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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                            CIVIL APPLICATION (CAW) NO.522/2021
                                                             IN
                                               WRIT PETITION NO.5434/2015 (D)

  Divisional Controller, MSRTC, Divisional Office, Buldhana Division, Malkapur
                           Road, Buldhana and others
                                  ...Versus...
                     Suryabhan Gulabrao Jaunjal and another

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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
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                                                                         Shri S.R. Charpe, Advocate for petitioners
                                                                         Shri P.N. Verma, Advocate for respondent no.1/applicant
                                                                         Shri K.L. Dharmadhikar, AGP for respondent no.2


                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 31/08/2021

1. By the present application, in pursuance to the directions as contained in Writ Petition No.5434/2015, decided by the common judgment, dated 05/03/2020, whereby the employees were permitted to withdraw the amounts, deposited by the Corporation with accrued interest, the respondent no.1 seeks to withdraw the said amount.

2. Shri Charpe, learned Counsel for the petitioners has no objection except for the contention that in the writ petition, the name of the respondent no.1 is shown as 'Suryabhan s/o Gulabrao Jaunjal', whereas the affidavit in

3108caw522 of 2021.odt

Civil Application No.522/2021 has been sworn by Suryanarayan Gulabrao Jawanjal.

3. Learned Counsel for the respondent no.1 invites my attention to the Gazette Notification dated 10/6/2010, whereby the name of the respondent no.1 - Suryanarayan Gulabrao Jawanjal has been changed to Suresh Gulabrao Jawanjal and therefore, it is contended that both being the same person, Suresh Gulabrao Jawanjal would be entitled to receive the amount. Since the direction as contained in para 17 (g) in the common judgment in Writ Petition No.6655/2015 of which Writ Petition No.5434/2015 is a part, permits the withdrawal of the amount, the office shall verify the identity of the person and permit withdrawal, if it is so satisfied.

4. The Civil Application is accordingly disposed of. No costs.

(AVINASH G. GHAROTE, J.)

Wadkar