The State Of Maharashtra And ANR v. Kundlik Dhondiba Magar Died Thr Lrs Sumanbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.7329 of 2017gr 917 CIVIL APPLICATION NO. 7329 OF 2017 IN FAST/2332/2016 WITH CA/2296/2016 IN FAST/2332/2016 KUNDLIK DHONDIBA MAGAR DIED THR LRS SUMANBAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr.Patne Santosh N. AGP for Respondents:Mr. S.N.Ganachari ...

CORAM : P.R. BORA, J.

Dated: June 09, 2017 ...

PER COURT :- 1.

Heard learned Counsel on Civil Application for withdrawal of amount.

2.

Having regard to the grounds of objections raised in exception to the impugned Award and the averments in the application for withdrawal of the amount, the applicants are permitted to withdraw 50% of the deposited amount on submitting an undertaking that in the event any adverse order is passed against them, they will re-deposit the said amount within four months of passing such order. Balance 50% amount be invested in Fixed Deposit Receipt of any Nationalized Bank, initially for a period of two years and if so required for further period till disposal of the appeal. Civil Application for withdrawal stands agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.7329 of 2017gr disposed of in above terms.

2.

Heard learned Counsel on Civil application for condonation of delay.

3.

Delay of 896 days is caused in filing the present appeal. Though learned counsel for original claimant has opposed for condonation of delay, for the reasons stated in the applications which, according to me, are just and sufficient, the delay caused in filing the appeal is condoned. Civil Application for condonation of delay stands disposed of. The Appeal be registered in accordance with law.

4.

After registration of the appeal, issue notice to the respondents in the appeal returnable after four weeks. Shri S.N.Patne, learned Counsel, waives service for original claimant. Service complete. Call for R & P.

Place the matters for admission on 7.7.2017.

( P.R. BORA, J. ) ...

agp/-