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Bombay High CourtCAF/2482/2019

Shri.Uday Shantappa Lingade v. Shri.Tanaji Daulat Chopade And ANR.

2019-07-15Hon'Ble Shri Justice K.K. Tated2 pages

502.2482.19-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.2482/2019 in First Appeal No.1315/2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Rupesh Gadekar for the Applicant

CORAM

: K.K.TATED, J.

DATED : JULY 15, 2019 P.C.

Pursuant to the praecipe filed by the learned counsel for the Applicant, the matter is taken on production board.

By this Civil Application, the Appellant is seeking extension of time to comply with order dated 05.04.2018.

The learned counsel for the Applicant submits that in the present proceedings the MACT, Baramati has passed the award dated 26.04.2017 in MACP No.33/2015 holding that the Respondent-Claimant is entitled to sum of Rs.9,30,000/- by way of compensation with interest @ 9% p.a.

The learned counsel for applicant submits that the First Appeal is pending for admission. He submits that till today they have deposited sum of Basavraj G. Patil 1/2

502.2482.19-caf.odt Rs.9,30,000/-. He submits that only interest is remained to be deposited in the Tribunal. He seeks some time to comply with the said order.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

The Applicant is permitted to deposit the remaining amount along with interest in the Tribunal on or before 03.08.2019.

b.

It is made clear that as the Applicant has failed to comply with the order dated 05.04.2018 and 18.05.2018 within time, hence there is no ad-interim relief in favour of the Applicant as on today.

c.

The Civil Application stands disposed of accordingly.

d.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2