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Bombay High CourtCAF/2093/2015disposed off

The Executive Engineer v. Mr. Damodar Amruta Devre (Since Deceased) Through Respondents No.2 To 7 And ORS.

2015-07-10Hon'Ble Shri Justice K.K. Tated2 pages

16.2093.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2093/2015 IN FIRST APPEAL (ST) NO.23736/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Abhijeet A. Joshi for the Applicant Mr. P. N. Joshi for the Respondent Nos.2 to 7. CORAM : K. K. TATED, J.

DATE : JULY 10, 2015 P.C.:

1.

Heard. This Application is preferred by the acquiring body for extension of time to comply with order dated 30/01/2015 and for restoration of Civil Application No.3745/2014.

2.

The learned counsel for the Applicant submits that he received instructions from the Applicant that they are ready and willing to deposit the entire awarded amount with interest, cost, if any, in the Reference Court within 2 weeks from today. Statement is accepted.

3.

The learned counsel for the Respondentclaimant submits that they have no objection if time is extended by 2 weeks from today.

Basavraj G Patil 1/2

16.2093.15-caf 4.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and no-objection given by the learned counsel for the Respondent-claimant, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. 5.

Hence, the following order:

a) Time to comply with order dated 30/01/2015 is extended by 2 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court. b) Civil Application No.3745/2014 is restored to file.

c) If amount is deposited within stipulated time as stated hereinabove, liberty granted to the claimants to prefer an appropriate Application for withdrawal of awarded amount, if they so desire, which will be decided on its own merits d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2