The Executive Engineer, Karanjawan Dam Division v. Mr. Navaji Ramchandra Bendkoli And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 542 OF 2015 IN FIRST APPEAL (STAMP) NO. 31741 OF 2014 The Executive Engineer Karanjawan Dam Division ..Appellant vs Navaji Ramchandra Bendkoli & Anr.

..Respondents WITH CIVIL APPLICATION NO. 548 OF 2015 IN FIRST APPEAL (STAMP) NO. 31754 OF 2014 The Executive Engineer Karanjawan Dam Division ..Appellant vs Bhauraj Tryambak Bendkoli & Ors.

..Respondents Ms Chaitrali Deshmukh i/b. Ms Bhavana Khemani for Appellant. Mr. A. A. Palkar - AGP for State.

Mr. P. J. Ahuja for Respondents - Claimants.

CORAM : M. S. SONAK, J.

(HEAD OF THE PANEL) : C.D. GONGLE, RETIRED DISTRICT JUDGE, MEMBER & :

M.S. GUPTA, REGISTRAR (INSP.II.) MEMBER DATE : 9th SEPTEMBER, 2017.

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P.C. :- 1] In both the matters, the appellant has taken out civil applications for condonation of delay. Since, they are not objected to, by consent, the delay is condoned. Civil applications are disposed of. 2] Ms Deshmukh states that in these matter Ms Bhavana R. Khemani has filed the vakalatnamas. She submits that Ms Bhavana R. Khemani is unable to remain present but the appellant has given authority letter to Ms Deshmukh to appear in this matter. The officers are also present in the court and they confirm this position. The authority letter is also placed on record. The same is taken on record. 3] Ms Deshmukh, learned counsel appearing for the appellant, on instructions, makes a statement that the appellant wishes to withdraw these appeals and honour the Awards made by the Reference Court.

4] Mr. Palkar, the learned AGP, on instructions, states that he has no objection to the withdrawal of the appeals by the appellant. 5] The learned counsel for the respondents-claimants confirms that none of the respondents - claimants have instituted any cross appeals / cross objections in these matters and further, they do not intend to do so.

6] In case there is any issue of withdrawal of compensation amount, the Reference Court is directed to verify the identity of the 2/3

claimants / legal representatives, if any, at the stage of permitting withdrawal. Necessary endorsement to be made in that regard at the stage of permitting withdrawal.

7] The appellant shall be entitled to refund of court fees in terms of the Rules as permissible.

8] The appeals are accordingly disposed of as withdrawn. Necessary awards be drawn in the matters.

9] Since the appeals are now disposed of, the pending civil applications, if any, do not survive and the same are also disposed of. (M.S. SONAK,J.) HEAD OF THE PANEL (C.D. GONGLE) MEMBER (M.S. GUPTA) MEMBER chandka 3/3