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Bombay High CourtCAF/583/2015disposed off

The State Of Maharashtra Through The Special Land Acquisition Officer And Another v. Mr. Jagdish Madanlal Gupta

2015-02-11Hon'Ble Shri Justice K.K. Tated2 pages

pr21 caf583-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.583 OF 2015 IN FIRST APPEAL (ST). NO.19578 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.A.R.Patil, A.G.P. for the applicant Mr.Prashant M. Patil for the respondent no.1

CORAM

: K.K.TATED, J.

DATED : 11/02/2015 PC:

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

This application is preferred by the State of Maharashtra for extension of time to comply the order dated 26.11.2014 passed by this court (Coram: Mrs.Mridula Bhatkar, J.).

The learned A.G.P. for the applicant submits that they already deposited entire decreetal amount in the trial court on 21.01.2015. There is a delay of 14 days. He submits that in the interest of justice this Honourable Court be pleased to extend the time to comply the order dated 26.11.2014 till 21.01.2015.

Mohite 1/2

pr21 caf583-15.doc The learned counsel for the respondent vehemently opposed this application. He submits that the applicant has moved more than three times for extension of time from time to time. Hence, there is no substance in the Civil Application.

The learned counsel for the respondents submits that the applicant has not deposited entire decreetal amount as awarded by the trial court. He submits that they deposited sum of Rs.65,89,779/- whereas as per their calculation amount comes to Rs.82,43,395 till 21.01.2015. Considering the submissions made by the learned A.G.P. for the applicant and as order is already complied by depositing entire amount on 21.01.2015, I am of the opinion that the applicant has made out a case for extension of time till 21.01.2015. Hence, following order: a) Time extended till 21.01.2015 to comply the order dated 26.11.2014 passed by this court in Civil Application (ST). No.30765 of 2014.

b) Liberty granted to the respondent to take out appropriate application if they so desire for withdrawal of the amount and that application be decided on its own merits.

c) Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2