The State Of Maharashtra And ORS v. Ganpati Irba Jadhav And ORS

968 ca4485.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 968 CIVIL APPLICATION NO. 4485 OF 2017 IN FAST/6061/2017 WITH CA/4486/2017 IN FAST/6061/2017 WITH CA/4487/2017 IN FAST/6098/2017 WITH CA/4488/2017 IN FAST/6098/2017 WITH CA/4491/2017 IN FAST/6095/2017 WITH CA/4492/2017 IN FAST/6095/2017 WITH CA/4493/2017 IN FAST/6092/2017 WITH CA/4494/2017 IN FAST/6092/2017 THE STATE OF MAHARASHTRA AND ORS

VERSUS

GANPATI IRBA JADHAV AND ORS ...

AGP for Applicants : Mr. P.G. Borade Advocate for Respondents : Mr. S.V. Gundre .....

CORAM : V. K. JADHAV, J.

DATED : 30th JUNE, 2017 PER COURT:- 1.

Heard A.G.P. for the applicants submits that due to administrative difficulties the delay has been caused in filing the appeals and the said delay is not intentional. Learned counsel for the respondent-original claimants has strongly resisted the application on the ground that the applicant State has not explained the delay satisfactorily. In view of submissions made on behalf of the applicant State and for the reasons stated in the applications, delay of 1268 days caused in filing the first appeals is hereby condoned. Civil applications are disposed of.

2.

In so far as stay applications is concerned, pending, the

968 ca4485.17 -2hearing and final disposal of first appeals, the execution, implementation and operation of the impugned judgment and award under appeal is hereby stayed on the condition that the applicant shall deposit entire amount under award with accrued interest thereon, in this Court, within a period of 12 (twelve) weeks from today, failing which the order granting stay shall stand vacated automatically without further reference to the Court. Civil applications for stay are accordingly disposed of. 3.

In first appeals, issue notice to the respondents, returnable on 11.08.2017. Learned counsel waives notice for respondents-original claimants. Call for record and proceedings. ( V. K. JADHAV, J.) rlj/