Bombay High CourtCA/4110/2020disposed offdismissed for default

The Ex. Engineer, Latur Minor Irrigation (L.M.I), Division Latur And ORS v. Deepak Dinkarrao Deshmukh And ANR

2020-06-30Hon'Ble Shri Justice V.L. Achliya3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4107/2020 IN FIRST APPEAL NO.2917/2019 THE EXECUTIVE ENGINEER, LATUR AND OTHERS Vs. VIJAYKUMAR S/O MARATANDRAO DESHMUKH WITH CIVIL APPLICATION NO.4108/2020 IN FIRST APPEAL NO.2920/2019 THE EXECUTIVE ENGINEER, LATUR AND OTHERS Vs. VIJAYKUMAR MARTANDRAO DESHMUKH AND ANOTHER WITH CIVIL APPLICATION NO.4109/2020 IN FIRST APPEAL NO.2916/2019 THE EXECUTIVE ENGINEER, LATUR AND OTHERS Vs. PANKAJ BHAGWANRAO DESHMUKH WITH CIVIL APPLICATION NO. 4110/2020 IN FIRST APPEAL NO.2915/2019 THE EXECUTIVE ENGINEER, LATUR AND OTHERS Vs. DEEPAK DINKARRAO DESHMUKH AND ANOTHER WITH CIVIL APPLICATION NO.4111/2020 IN FIRST APPEAL NO.2919/2019 THE EXECUTIVE ENGINEER, LATUR AND OTHERS Vs. TUKARAM BHAGWANTA SONTAKKE WITH CIVIL APPLICATION NO.4112/2020 IN FIRST APPEAL NO.2918/2019 THE EXECUTIVE ENGINEER, LATUR AND OTHERS Vs. TUKARAM GYANDEO DHOTRE.

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Shri Sujeet G. Karlekar, Advocate for the applicants in all applications. Shri S.Y. Mahajan, AGP for the State.

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CORAM: V.L. ACHLIYA, J.

DATE: 30.06.2020 PER COURT :

1] Mentioned. Not on Board. Taken on Board in view of the urgency expressed by learned counsel for the applicants. 2] The applicants - appellants have moved these applications seeking extension of time to deposit the amount in

- 2 - terms of order dated 23.8.2019.

3] Learned counsel submits that due to fnancial crisis and declaration of lockdown, the amount could not be deposited within time. So also extension of time could not be sought before expiry of time prescribed by order dated 23.8.2019. It is further submitted that the Department has arranged the funds and ready to deposit the amount within the period to be prescribed by the Court and urged to extend the time and continue the interim relief operating in the matter.

4] On due consideration of the submissions advanced in the light of reasons assigned for extension of time and operation of lockdown causing fnancial crisis for the Government as well as Departments of the State Government, I am of the view that request for extension of time to deposit the amount deserves to be considered. In view of the statement made that the applicants are ready to deposit the amount, following order is passed.

O R D E R

A] Applications seeking extension of time are allowed in terms of prayer clause [B] in respective applications. B] Time to deposit the amount is extended till 15.7.2020.

C] Interim order to stay the execution passed on

- 3 - 23.8.2019 to remain in operation till further orders subject to deposit of the amount in terms of awards on or before 15.7.2020. On failure to deposit the amount within the prescribed period, the interim order shall stand vacated.

D] Filing of afdavit in support of the applications is dispensed with.

E] Civil applications seeking extension of time are disposed of in above terms.

(V.L. ACHLIYA, J.) ndk/c3062012.doc