IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3041 OF 2009 Smt. Barka w/o. Nasar-bin-Ali through her power of attorney Sultan Bin Ali s/o. Ali Bin Abdullah .. petitioners Versus 1] The State of Maharashtra through Secretary Irrigation Department, Mantralaya Mumbai -32. 2] The Executive Engineer Minor Irrigation (E.G.S.) Division No.1, Aurangabad. .. Respondent. --- Mr.A.B. Kale, Advocate for the petitioner. Mr. P.M. Shinde, AGP for the respondent CORAM : B.R. GAVAI,J. DATE : 8TH JULY, 2009 ORAL ORDER :- 1] Rule. Rule made returnable forthwith. Heard by consent. 2] By way of present petition, the petitioner impugns the order passed by the Cheque Issuing Authority dated 5th May, 2009, vide which the Cheque Drawing Authority has refused to issue cheque to the power of attorney holder of the petitioner unless a fresh letter of authority was produced on record. 3] Undisputedly, an award has been passed in favour of the petitioner. An amount of Rs. 9,26,966/- is already credited in the court towards the execution of award. The petitioner through her general power of attorney namely Shri Sultan Bin Ali s/o. Ali Bin Abdullah, has claimed the said amount. The same was directed to be paid by the Executing Court. However, the cheque issuing authority has refused to issue the cheque on the ground stated hereinabove. 4] Undisputedly, the power of attorney in favour of the said Sultan Bin Ali s/o. Ali Bin Abdullah is well in existence today. The original petitioner has neither revoked the power of attorney nor has objected for issuing the cheque in favour of the said power of attorney. The original petitioner is residing in Dubai. In that view of the matter, I find that interest of justice would be served by passing the following order :- . The Cheque Issuing Authority is directed to issue cheque in the name of the power of attorney of the original petitioner on the condition that the said power of attorney shall file an undertaking before the said authority that he shall refund the said amount in case the original petitioner, namely Barka w/o. Nasar-Bin Ali raises any objection with respect to the payment in favour of the said power of attorney. Rule made absolute in above terms. There shall be no orders as to costs. [B.R. GAVAI,J.] GRT/-