Bapusaheb Nivrutti Suryawanshi v. Maharashtra Housing And Area Development Aurangabad And ANR

972 ca 2304.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 972 CIVIL APPLICATION NO. 2304 OF 2017 IN FAST/3147/2014 WITH CA/8478/2014 IN FAST/3140/2014 WITH CA/8479/2014 IN FAST/3147/2014 WITH CA/2305/2017 IN FAST/3140/2014 BAPUSAHEB NIVRUTTI SURYAWANSHI

VERSUS

MAHARASHTRA HOUSING AND AREA DEVELOPMENT AURANGABAD AND ANR ...

Advocate for Applicant : Gunale V.d. V G Kodale AGP for Respondents : S.S. Dande Advocate for Respondents : A. B. Kadethankar For R/1 ...

CORAM : V.K. JADHAV, J.

DATE : 17-02-2017.

P.C. :

1.

The learned counsel for the respondents strongly resisted the application for withdrawal, however, in the alternate submits that the applicants may be permitted to withdraw the amount on furnishing solvent security.

2.

In view of the above submissions and considering the challenge made to the judgment and award passed by the reference court the applicant is permitted to withdraw the entire amount along with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial). Civil application is accordingly disposed of.

3.

Heard both the sides. The learned counsel for the

972 ca 2304.17.odt respondents has strongly resisted the application for condonation of delay. In view of the above and for the reasons stated in the civil application, delay of 203 days caused in filing the first appeal is hereby condoned. Civil application is allowed and accordingly disposed of.

4.

Heard. Issue notice to the respondents. Learned counsel A.B. Kadethankar, waives for respondent no.1 and learned A.G.P. waives for respondent-state. Call for record and proceedings. (V.K. JADHAV) JUDGE mub