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Bombay High CourtCA/2515/2020admittedallowedgrantedrule absolute

The State Of Maharashtra And ORS v. Gorakh Sakharam Shelke And ANR

2023-09-12Hon'Ble Shri Justice Arun R. Pedneker3 pages

1 995&992

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 995 CIVIL APPLICATION NO.11470 OF 2023 IN FA/1783/2021 WITH CA/2515/2020 IN FA/1783/2021 GORAKH SAKHARAM SHELKE AND ANR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS DIST.

COLLECTOR,BEED AND OTHERS ...

Advocate for Applicants: Mr. Kedar Shrimant R AGP for Respondent/State: Mr. B. V. Virdhe ...

AND ...

992 CIVIL APPLICATION NO.11461 OF 2023 IN FAST/6343/2021 WITH CA/3610/2021 IN FAST/6343/2021 WITH CA/3611/2021 IN FAST/6343/2021 KUNDLIK BHIVA WAGHMARE (DIED) THR LRS JANABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THE COLLECTOR BEED AND ORS ...

Advocate for Applicants: Mr. Kedar Shrimant R AGP for Respondent/State: Mr. B. V. Virdhe ...

CORAM :ARUN R. PEDNEKER, J.

DATE :12th SEPTEMBER, 2023 PER COURT:

1.

The present appeals are filed by the State of Maharashtra challenging the award passed by the reference court.

2 995&992 2.

In these matters, stay is granted, subject to deposit of entire amount. In pursuance of the same, the State has deposited the entire amount in this court.

3.

In view of the deposit of the amount by the State, stay is confirmed and the civil applications for stay are disposed of.

4.

The civil applications for withdrawal of amount are filed by the claimants. After hearing the learned counsel for the parties, I deem it appropriate to allow the claimants to withdraw 50% of the amount deposited in this court along with accrued interest, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this court. Remaining amount be kept in fixed deposit on a early basis. The civil applications for withdrawal of amount are disposed of.

5.

In civil application for condonation of delay, for the reasons stated in the application

3 995&992 the delay is condoned. The civil application is dispsoed of.

6.

The appeals are admitted. Mr. S. R.

Kedar, learned counsel waives service of notice on behalf of respondents - claimants.

[ARUN R. PEDNEKER, J.] marathe