1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.S. NO. 748/2010 IN Second Appeal No.127/1996 (D) (Devidas Udhao Gaukar VERSUS Smt. Vithabai Laxman Dhengale & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.B. Mehadia, counsel for the applicants. Shri S.C. Mehadia, counsel for the R-2. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 1 , 2010 . It appears that when Second Appeal No.127 of 1996 was admitted, the amount, which was payable as compensation for the land was deposited by the Western Coalfields Limited in the name of Smt. Vithabai Laxman Dhengale in whose favour the first appellate Court had passed the judgment. The second appeal was, however, allowed by the judgment dated 17.04.2008 and it was held that the appellants-applicants were entitled to compensation and Vithabai was not entitled to any compensation. Since the amount has been deposited by the Western Coalfields Limited in the name of Smt. Vithabai, the appellants are not in a position to withdraw the amount. In such circumstances, the Western Coalfields Limited is directed 2 to withdraw the amount, which is placed in the fixed deposit account in the name of Smt. Vithabai as by the judgment dated 17.04.2008, Vithabai is not held to be entitled for the said amount. The UCO Bank, Mahakali Branch, Chandrapur is directed to cancel the fixed deposit receipt No.807565 dated 05.08.1996 for Rs.1,77,373/- in the name of Smt. Vithabai immediately, after the Western Coalfields Limited approaches the bank and disburse the amount deposited in the fixed deposit account along with interest accrued thereon, to the Western Coalfields Limited, who shall pay the compensation to the appellants in terms of the judgment dated 17.04.2008. The Western Coalfields Limited shall approach the concerned branch of the UCO Bank within a period of three weeks from the date of this order and the bank shall release the amount to the Western Coalfields Limited within a period of one week thereafter. The Western Coalfields Limited shall then pay the entire amount, which is withdrawn by the Western Coalfields Limited, to the appellants herein in terms of the judgment dated 17.04.2008. The appellants shall approach the Area Planning Officer, Chandrapur Area Western Coalfields Limited within a period of one month. 3 The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE