The Chief Officer Municipal Council Tuljapur v. Surendra Digambarrao Peshave And ORS

(1) 958 CA-5190.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO.5190 OF 2020 IN FAST/5048/2019 WITH CA/5192/2020 IN FAST/5048/2019 THE CHIEF OFFICER MUNICIPAL COUNCIL TULJAPUR

VERSUS

SURENDRA DIGAMBARRAO PESHAVE AND OTHERS ...

Mr. M.C. Ghode, Advocate holding for Mr. K.K. Kulkarni, Advocate for the applicant.

Mr. L.C.Patil, Advocate for respondent No.1.

Mr. S.N. Kendre, A.G.P. for respondent Nos.2 and 3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

14th June 2023.

ORDER:- IN CIVIL APPLICATION NO. 5190 OF 2020 :

1.

The appellant - Acquiring Body is seeking condonation of delay of 1291 days, which appears to be caused due to obtaining sanctions at various stages. The learned Counsel for the respondents Claimants pointed out that no amount of compensation has been deposited in this matter. However, the learned Counsel for the applicant Acquiring Body undertakes to deposit the entire amount of compensation alongwith interest within the period of 12 weeks. As such, the delay of 1291 days stands condoned.

2.

The appeal be placed for admission after removal of office objections, if any.

3.

Application is accordingly disposed of.

(2) 958 CA-5190.2020.odt IN CIVIL APPLICATION NO. 5192 OF 2020 :

1.

Heard rival submissions.

2.

There shall be interim relief in terms of prayer clause (C) subject to deposit of entire amount of compensation alongwith interest within the period of 12 weeks.

(SANDIPKUMAR C. MORE, J.) vd_dhirde