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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLN. (F) NO. 1663 OF 2019

IN

FIRST APPEAL ST.NO. 27956 OF 2017

Maha.State Industrial Development Corpn., Yavatmal

-Vs.-

State of Maharashtra and others

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Office notes, Office Memoranda of

Coram, appearances, Court's orders

Court's or Judge's Orders.

or directions and Registrar's orders.

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Mr.A.C.Jaltare, counsel for the appellant.

Mrs.Archana Kulkarni, AGP for the respondent No.1.

Mr.S.O.Ahmed, counsel for the respondent Nos.3 and 4.

CORAM : MANISH PITALE, J.

DATE : 28.08.2019.

CIVIL APPLN. (F) NO. 1663 OF 2019

This is an application seeking condonation of

delay in filing the appeal.

2.

For the reasons stated in the application, the same

is allowed. This Court has taken note of the fact that the

appellant-Corporation has deposited 75% of the

compensation amount in this Court. Hence, the delay is

condoned and the application is disposed of.

CIVIL APPLN. (O) 1601 OF 2019

This is an application filed on behalf of the

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respondent Nos.3 and 4 (original claimants) seeking

permission to withdraw the amount deposited by the

appellant in this Court.

2.

In pursuance of order passed by this Court, 75%

of the awarded amount has been deposited by the

Appellant-Corporation in this Court. Considering the fact

that by acquisition of their land, the applicants

(respondent Nos.3 and 4) have been virtually rendered

landless, this Court is of the opinion that the applicants

are entitled to withdraw the said amount deposited in

this Court.

2.

Accordingly, the application is allowed and the

applicants/respondent Nos.3 and 4 are permitted to

withdraw the amount deposited by the appellant-

Corporation in this Court, subject to filing usual

undertaking.

CIVIL APPLN. (F) NO.1664 OF 2019

This is an application seeking stay of the

judgment and order passed by the Reference Court.

2.

While issuing notice on the application for

condonation of delay, this Court had directed the

appellant-Corporation to deposit 75% of the amount of

compensation directed to be paid by the Reference Court.

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It is not disputed that the aforesaid amount has been

deposited by the appellant-Corporation. In that view of

the matter, the present application is allowed and the

effect and operation of the judgment and order passed by

the Reference Court is stayed. The application stands

disposed of accordingly.

FIRST APPEAL ST. NO.27956 OF 2017

Heard learned counsel for the appellant.

2.

ADMIT.

3.

Call for the record and proceedings.

4.

Tag with First Appeal No.1164 of 2013.

JUDGE

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