The Executive Engineer Nandur Madhyameshwar Jalad Kalav Vaijapur v. Kum. Mukund Vijay Kadam (Minor) Through Guardian Mother Mrs. Nirmala Vijay Kadam And Another

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1785 OF 2015 IN FIRST APPEAL (ST) NO. 18108 OF 2014 WITH CIVIL APPLICATION NO. 1786 OF 2015 IN FIRST APPEAL (ST) NO. 18114 OF 2014 WITH CIVIL APPLICATION NO. 1775 OF 2015 IN FIRST APPEAL (ST) NO. 18070 OF 2014 WITH CIVIL APPLICATION NO. 1777 OF 2015 IN FIRST APPEAL (ST) NO. 18054 OF 2014 WITH CIVIL APPLICATION NO. 1779 OF 2015 IN FIRST APPEAL (ST) NO. 18091 OF 2014 WITH CIVIL APPLICATION NO. 1781 OF 2015 IN FIRST APPEAL (ST) NO. 18384 OF 2014 WITH CIVIL APPLICATION NO. 1780 OF 2015 IN FIRST APPEAL (ST) NO. 18101 OF 2014 WITH CIVIL APPLICATION NO. 1776 OF 2015 IN FIRST APPEAL (ST) NO. 18359 OF 2014 WITH CIVIL APPLICATION NO. 1782 OF 2015 IN FIRST APPEAL (ST) NO. 18378 OF 2014 WITH CIVIL APPLICATION NO. 1778 OF 2015 1/5

IN FIRST APPEAL (ST) NO. 18341 OF 2014 WITH CIVIL APPLICATION NO. 1784 OF 2015 IN FIRST APPEAL (ST) NO. 18338 OF 2014 WITH CIVIL APPLICATION NO. 1783 OF 2015 IN FIRST APPEAL (ST) NO. 18080 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. Bhavana Khemani for the applicant.

Mr. A. R. Patil, AGP for the respondent no.2/State. CORAM : K. K. TATED, J.

DATED : 29/07/2015.

P.C.:

.

Heard learned Counsel for the applicant.

All these Civil Applications are preferred by acquiring body for restoration of Civil Applications for stay of operation and implementation of impugned Award dated 03.04.2012 passed by the Reference Court in L.A.Rs.

The learned counsel for the applicant submits that the order passed by this Court on 21.01.2015 in Civil Application for stay, the same was communicated immediately to the Concerned Officer. She submits that Concerned Officer failed to take immediate steps for complying the said order 2/5

i.e. depositing the awarded amount in the Reference Court.

The learned counsel for the applicant submits that now the applicants are ready and willing to deposit the entire awarded amount with interest and costs in Reference Court within twelve weeks. She further submits that if present Civil Applications are not allowed, irreparable loss will be caused to the applicants. She submits that applicants have good chance of success in the present proceedings. I heard learned counsel for the applicant at length. In the present proceedings, this Court passed order on 21.01.2015 in Civil Applications for stay directing applicants to deposit the entire awarded amount with interest in the Reference Court within six weeks, failing which ad-interim relief shall stand vacated without referring back to the court. This Court also directed to the applicants to pay bhatta charges within stipulated time and serve the respondents by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service.

Office note shows that applicants failed to pay Bhatta Charges within stipulated time and not supplied the copies of Civil Applications (for stay) for service on other side. Hence, all the Civil Applications stand dismissed as per noting of the 3/5

Registrar dated 19.03.2015. This itself shows that applicants have moved these applications for continuation of stay in casual manner that to with delay of 32 days.

Considering the fact that the applicants are acquiring body and reasons disclosed by the applicants in Civil Application, I am satisfied that applicants have made out case for allowing these Civil Applications. But, applicants have to pay cost of Rs.750/- in each matter.

Hence, the following order.

a) Delay in preferring the present Civil Applications are condoned.

b) Two weeks time is granted from today to remove all office objections in Civil Applications for stay i.e. payment of Bhatta Charges and supplying copies for service, failing which all these Civil Applications shall stand dismissed without further reference to the court.

c) Eight weeks time is extended from today to comply the earlier order dated 21.01.2015 in Civil Applications for stay i.e. to deposit the awarded amount in Reference Court.

d) Applicants to deposit cost of Rs.750/- in each matter in the Registry for respondentsclaimants within six weeks from today, failing which all Civil Applications shall stand dismissed without 4/5

further reference to the court.

e) Respondents-claimants are entitled to withdraw the said cost without furnishing any security.

f) All Civil Applications are disposed of accordingly.

(K.K.TATED, J.) 5/5