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Bombay High CourtCA/1529/2022disposed off

The Suprentedent Engineer, T.I.D.C. Jalgaon And ORS v. Devchand Bandu Vanjari

2022-02-14Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 6-1528-2022ca

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 CIVIL APPLICATION NO.1528 OF 2022 IN FAST/15442/2020 WITH CA/1529/2022 IN FAST/15446/2020 THE SUPRENTEDENT ENGINEER, T.I.D.C. JALGAON AND ORS

VERSUS

BHARAT RAMAJI VANJARI AND ORS Mr R.A. Tambe, Advocate for applicants Mr A.B. Kale, Advocate for respondents no.1 to 5 CORAM : SHRIKANT D. KULKARNI, J.

DATE : 14th February, 2022 PER COURT :

1.

These two Civil Applications are moved by the applicant/acquiring body for extension of time to deposit the compensation amount in view of conditional order passed by this Court dated 15.12.2020.

2.

Heard Mr R.A. Tambe, learned Advocate for the applicant/acquiring body and Mr Kale, learned Advocate for respondents no.1 to 5. 3.

Mr Kale, learned Advocate for respondents no.1 to 5 strenuously opposed to grant anymore extension to the applicant/acquiring body. He pointed out that stay order came to be passed long back on 15.12.2020. Twelve weeks time was granted to the applicant/acquiring body to deposit 50% of the compensation amount under the impugned award. He points out that more than one year is over, the applicant/acquiring body neither applied for extension of time nor complied with the order. The acquiring body is depositing the amount as per Court's order by choosing the proceedings. He, therefore, has strong objection to grant any more extension.

2 6-1528-2022ca 4.

Mr Tambe, learned Advocate for the applicant/acquiring body urged to grant time as a last chance.

5.

Having regard to the submissions of Mr Tambe, learned Advocate for the applicants and Mr AB. Kale, learned Advocate for respondents/original claimants, I am convinced to grant eight weeks time to the applicants to comply the order dated 15.12.2020 as a last chance.

6.

The civil applications are accordingly disposed of. If the applicant/acquiring body fails to comply with the order, the stay granted by this Court shall automatically stand vacated.

( SHRIKANT D. KULKARNI, J.) vvr