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Bombay High CourtCA/969/2021disposed off

The Ex Engineer Lower Terna Project Latur v. The State Of Mah And ANR

2021-01-20Hon'Ble Shri Justice V.L. Achliya3 pages

1 [917 - C.A. 964...2021 in F.A. 1089.2009]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 964 OF 2021 IN FA/1089/2009 WITH CA/973/2021 IN FA/1088/2009 WITH CA/976/2021 IN FA/1085/2009 WITH CA/972/2021 IN FA/1084/2009 WITH CA/966/2021 IN FA/1093/2009 WITH CA/967/2021 IN FA/1096/2009 WITH CA/968/2021 IN FA/1097/2009 WITH CA/969/2021 IN FA/1099/2009 WITH CA/970/2021 IN FA/1098/2009 WITH CA/971/2021 IN FA/1094/2009 WITH CA/974/2021 IN FA/1087/2009 WITH CA/975/2021 IN FA/1086/2009 WITH CA/977/2021 IN FA/1083/2009 WITH CA/891/2021 IN FA/1075/2009 WITH CA/893/2021 IN FA/1082/2009 WITH CA/894/2021 IN FA/1081/2009 WITH CA/895/2021 IN FA/1076/2009 WITH CA/896/2021 IN FA/1077/2009 WITH CA/897/2021 IN FA/1078/2009 WITH CA/898/2021 IN FA/1080/2009 WITH CA/899/2021 IN FA/1079/2009.

THE EXECUTIVE ENGINEER, LOWER TERNA LATUR.

VERSUS

THE STATE OF MAHARASHTRA AND ANR ......

Mr. S.P.Sonpawale, Advocate for Applicant.

Mr. A.A.Jagatkar, A.G.P. for R - 1.

Mr. M.S.Patil, Advocate for R - 2.

......

CORAM : V.L.ACHLIYA, J.

DATE : 20/01/2021 ......

ORAL ORDER :

1.

The applicant has moved these applications

2 [917 - C.A. 964...2021 in F.A. 1089.2009] seeking extension of time to deposit the amount. 2.

It is submitted that above mentioned Appeals were settled before the Lok Adalat held on 14/09/2019. The amount to the extent of 50% of the Award already deposited before the settlement and withdrawn by the claimants. It was decided that the remaining 50% amount to be deposited within six months from the date of disposal of appeals by Lok Adalat. However, the amount could not be deposited within time due to financial difficulties and outburst of pandemic on account of COVID-19.

3.

Learned counsel submits that the cheques are ready for deposit. The interest has been charged up to 24/11/2020.

4.

Considering the submissions advanced, the applications are allowed in terms of prayer clause 'B'. The registry is directed to accept the deposit by cheque if made within one week. In case the amount deposited found to be less than the amount liable to be deposited in terms of the order dated 14/09/2019 passed then the claimants are granted liberty to take appropriate legal recourse for recovery of balance amount if any payable in terms of Award dated 14/09/2019.

5.

The applicant shall furnish the break-up of

3 [917 - C.A. 964...2021 in F.A. 1089.2009] amount deposited in each of the Appeal along with cheque to be deposited with Registry.

6.

The applications are disposed of in above terms. [V.L.ACHLIYA] JUDGE KNP