HIGH COURT OF BOMBAY
MAHARASHTRA STATE INDUSTRIAL DEVELOPMENT CORPORATION, YAVATMAL THROUGH ITS MANAGER – Appellant
Versus
STATE OF MAHARASHTRA THROUGH ITS COLLECTOR, YAVATMAL AND OTHERS – Respondent
CAF 1664/2019
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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
-------------------------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders
Court's or Judge's Orders.
or directions and Registrar's orders.
-------------------------------------------------------------------------------------------------------------------------------
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
KHUNTE
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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.
KHUNTE
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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
KHUNTE
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