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Bombay High CourtCA/3543/2019disposed offdismissed for default

Kamalabai Kashiram Swarnakar Thr Lrs Kashiram Ganpatrao Swarnkar And ORS v. The Executive Engineer, Minor Irrigation Div. Latur (Under The Gmidc Ltd) And ORS

2019-03-15Hon'Ble Shri Justice Sunil K. Kotwal3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3544 OF 2019 IN FIRST APPEAL NO.1543 OF 2012 (Krishnadas Baburao Dande Vs. The Executive Engineer, Minor Irrigation Division, Latur (under GMIDC Ltd.) and others) WITH CA NO.3545/2019 IN FA NO.1542/2012 (Tukaram Sopan Chewle Vs. The Executive Engineer, Minor Irrigation Division, Latur (under GMIDC Ltd.) and others) AND CA NO.3546/2019 IN FA NO.1541/2012 (Gunderao Laxman Chewle Vs. The Executive Engineer, Minor Irrigation Division, Latur (under GMIDC Ltd.) and others) AND CA NO.3547/2019 IN FA NO.1540/2012 (Nathrao Hanmantrao Kolhe Vs. The Executive Engineer, Minor Irrigation Division, Latur (under GMIDC Ltd.) and others) AND CA NO.3548/2019 IN FA NO.1538/2012 (Govind Sopan Kolhe Vs. The Executive Engineer, Minor Irrigation Division, Latur (under GMIDC Ltd.) and others) AND CA NO.3549/2019 IN FA NO.

1539/2012 (Sushilabai Vinayak Pinate Vs. The Executive Engineer, Minor Irrigation Division, Latur (under GMIDC Ltd.) and others) ---- Mr. Laxmikant C. Patil, Advocate for the applicants Mr. S.G. Sangle, Advocate for respondent No.1 Mr. R.B. Bagul, A.G.P.

SUNIL K. KOTWAL, J.

DATE :

15th MARCH, 2019

ca3544-2019+ ORDER :

These applications are filed by original claimants to issue direction to respondent No.1 - Acquiring Body to deposit remaining 50% amount of compensation with accrued interest thereon along with other benefits, in the Court as while passing stay order, the Court directed to deposit only 50% amount of compensation in the Court.

2.

Heard learned counsel for both the parties.

3.

Learned counsel for the Acquiring Body - respondent No.1 submits that at least interest on the remaining 50% amount of compensation be saved. 4.

I have gone through the order passed by Division Bench of this Court in connected First Appeals wherein direction has been issued to deposit the entire compensation amount in the Court. Therefore, I have no hesitation to allow this application. Accordingly, respondent No.1 - Acquiring Body is directed to deposit remaining 50% amount of compensation awarded by the Reference Court along with accrued interest thereon, in this Court within a period of ten weeks from the date of

ca3544-2019+ this order. On deposit of this amount, the same be invested in fixed deposit in any Nationalized Bank till further orders. The Civil Applications are disposed of. [SUNIL K. KOTWAL] JUDGE npj/ca3544-2019+