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Bombay High CourtCA/7791/2018disposed offdismissed for default

Executive Engineer, Latur Minor Irrigation Division, Latur Under G.M.I.D.C., Aurangabad And ANR v. Pandurang Vyenkat Waghmare

2018-08-10Hon'Ble Shri Justice V.L. Achliya2 pages

955-956-963-CA-7777-2018 (S)(gr)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 CIVIL APPLICATION NO. 7777 OF 2018 IN FAST/12276/2018 WITH CA/7779/2018 IN FAST/12380/2018 WITH CA/7781/2018 IN FAST/12405/2018 WITH CA/7783/2018 IN FAST/12400/2018 WITH CA/7785/2018 IN FAST/12397/2018 WITH CA/7787/2018 IN FAST/12394/2018 WITH CA/7789/2018 IN FAST/12390/2018 WITH CA/7791/2018 IN FAST/12384/2018 WITH CA/7793/2018 IN FAST/12387/2018 EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR UNDER G.M.I.D.C., AURA

VERSUS

NAGNATH PANDURANG SAUDAGAR ...

956 CIVIL APPLICATION NO. 7867 OF 2018 IN FAST/12270/2018 WITH CA/7869/2018 IN FAST/12326/2018 WITH CA/7871/2018 IN FAST/12323/2018 WITH CA/7873/2018 IN FAST/12320/2018 WITH CA/7875/2018 IN FAST/12338/2018 WITH CA/7877/2018 IN FAST/12329/2018 WITH CA/7879/2018 IN FAST/12332/2018 WITH CA/7881/2018 IN FAST/12317/2018 WITH CA/7883/2018 IN FAST/12335/2018 WITH CA/7886/2018 IN FAST/12311/2018 ....

963 CIVIL APPLICATION NO. 10048 OF 2018 IN FAST/12279/2018 WITH CA/10050/2018 IN FAST/12369/2018 WITH CA/10054/2018 IN FAST/12360/2018 WITH CA/10058/2018 IN FAST/12373/2018 WITH CA/10060/2018 IN FAST/12366/2018 WITH CA/10063/2018 IN FAST/12341/2018 WITH CA/10065/2018 IN FAST/12351/2018 WITH CA/10067/2018 IN FAST/12344/2018 WITH CA/10069/2018 IN FAST/12348/2018 WITH CA/10071/2018 IN FAST/12363/2018 WITH CA/10073/2018 IN FAST/12355/2018 ....

Advocate for Applicant : Mr. Surwase B.R.

Advocate for Respondent No.1 : Mr. B.K. Pawar ....

CORAM :

V.L. ACHLIYA, J.

DATED : 10th AUGUST, 2018

955-956-963-CA-7777-2018 (S)(gr) PER COURT:- 1.

Mr. Surwase, learned counsel for the applicant - appellant submits that he has received the cheque to deposite the amount in terms of award passed by the Reference Court. 2.

Learned counsel for the respondents - claimants ;submit that the amount as calculated by the applicants for the purpose of deposit is not strictly in terms of the award passed by the Reference Court and further submits that the amount is less than required to be deposited in terms of the award.

3.

In counter to the submissions advanced, the learned counsel for the applicant - appellant submits that the acquiring body will recalculate the amount and if any further amount is required to be deposited, same shall be deposited within twelve weeks. The statement of the advocate is accepted.

4.

In view of the statement made, the following order is passed:

ORDER

[i] The civil applications are allowed in terms of prayer clause 'B' in respective applications subject to deposit of future amount if any required to be deposited within twelve weeks from the date of this order [ii] The applicants - appellants are permitted to deposit the cheque by providing particulars of each of the case such as the principal amount and the interest charged.

[iii] The civil applications are disposed of in above terms. ( V.L. ACHLIYA ) JUDGE SPR