Nazir S/O Suleman Chauhan (Dead) ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 7857 Bom

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

                      CIVIL APPLICATION (CAF) NO.1095 OF 2021
                                         IN
                              FIRST APPEAL 123 OF 2020
      Nazir S/o Suleman Chauhan (Musalman) through his legal Heirs Khatun W/o Nazir
                                         Chauhan
                                           VS.
                           The State of Maharashtra and others
Office     Notes,   Office                          Court's or Judge's orders
Memoranda of Coram,
Appearances,       court's
orders or directions and
Registrar's orders
                             Shri Jafar Malnas, Advocate for the appellant.
                             Shri M.A. Kadu, AGP for the respondents/State.


                                           CORAM : S.M. MODAK, J.

DATE : 14.06.2021.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2. Heard Shri Jafar Malnas, learned Advocate for the appellant and Shri M.A. Kadu, learned AGP for the respondents/State.

3. It is true that when this Court enhanced the compensation as per the judgment dated 30.01.2020, direction was given to deposit balance amount of compensation in this Court within a period of six months.

4. Instead of depositing in this Court Deputy Executive Engineer, Arunawati, Irrigation Department, Digras deposited the amount before the reference Court.

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Due to inter district travel ban on account of COVID-19, they have deposited the amount before the Reference Court. It is depicted in their report given to the Reference Court on 31.05.2021.

4. When the appellant requested the Reference Court for withdrawal of the said amount, it was rejected vide order dated 9.06.2021 as there was a direction to deposit before this Court. What is important is to deposit the amount. Everyone knows about pandemic situation. Hence direction can be given to the Reference Court to permit appellant to withdraw that amount. Hence the order:-

(a) Civil Judge, Senior Division, Pusad is directed to pay the amount of Rs. 29,22,972/- with accrued interest to the appellant Nazir S/o Suleman Chauhan through (his legal heirs Khatun W/o Nazir Chauhan) by transferring it to her bank account.

(b) Reference Court is directed to do necessary compliance in any eventuality within a period of 15 days.

                                         (c)          Steno copy is granted.


                                                                     (S.M. Modak, J.)

Manisha