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Bombay High CourtCA/5656/2012delay condonatedrejected

The State Of Mah Thr Collector And ANR v. Pralhad Shankar Boudade

2020-12-15Hon'Ble Shri Justice V.L. Achliya2 pages

5656.12CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO.5656 OF 2012 IN FIRST APPEAL [STAMP] NO.10125 OF 2012 ...

THE STATE OF MAHARASHTRA & ANOTHER

VERSUS

PRALHAD SHANKAR BONDADE ...

Mr.P.M.Kulkarni, AGP for the applicant - State.

Mr.C.V.Dharurkar, Advocate for the respondents.

...

CORAM : V.L.ACHLIYA,J.

DATE : 15.12.2020 P.C.

1] The applicants have moved this application seeking stay to the execution of the award.

2] Heard learned AGP for the applicants - appellants and learned counsel for the respondents-claimants.

3] Learned counsel for the respondents - claimants submits that the land in question was acquired in the year 1998. The respondents-claimants are waiting to receive compensation from last more than 22 years. He submits that the appeal filed is devoid of merits. However, in case the Court is inclined to grant stay; the same can be

5656.12CA.odt granted subject to condition, directing the applicants - appellants to deposit the entire amount in terms of the award.

4] On instructions, learned AGP submits that the amount in terms of award shall be deposited within twelve [12] weeks.

5] Statement made through AGP is accepted. Hence the following ordering :

ORDER

i] Application is allowed subject to deposit of amount in terms of award within twelve [12] weeks from the date of passing of the order. Failure to deposit the amount within stipulated period, stay granted stands vacated unless time is extended before due date to deposit the amount.

ii] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC