Bombay High CourtCA/7169/2016disposed offdismissed for default

The Executive Enginer Medium Project Division Osmanabad And Others v. Bibhishan Balbhim Patil (Died) Lrs Radhabai And Others

2017-07-06Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA No.9431/2016 917 CIVIL APPLICATION NO. 7169 OF 2016 IN FAST/15745/2016 WITH CA/7170/2016 IN FAST/15745/2016 THE EXECUTIVE ENGINER MEDIUM PROJECT DIVISION OSMANABAD AND OTHERS

VERSUS

BIBHISHAN BALBHIM PATIL (DIED) LRS RADHABAI AND OTHERS ...

Advocate for Applicants : Mr.Rajale Gulab B.

Mr. Wakure Sanjay A., Adv., for R/1 To 5 ...

CORAM : P.R. BORA, J.

Dated: July 06, 2017 ...

PER COURT :- 1.

Delay of 494 days has occurred in filing the present appeal by the acquiring body. Though learned Counsel appearing for respondents i.e. original claimants has opposed for condonation of delay, for the reasons stated in the application which, according to me, are just and sufficient, the delay caused in filing the appeal is condoned. Civil Application for condonation of delay stand disposed of. The Appeal be registered in accordance with law. 2.

After registration of the appeal, issue notice to the respondents in the appeal returnable after four weeks. Shri S.A.Wakure, learned Counsel, waives service for respondent nos. 1 to 5 i.e original claimants. Service complete. Call for R & P. agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Place the matters for admission after four weeks. (2) CA No.9431/2016 3.

Heard learned Counsel for respective parties on the application for stay. Shri G.B.Rajale, learned Counsel appearing for the acquiring body brought to my notice that in companion matters, after having considered the submissions made on behalf of the acquiring body as well as the claimants, has granted stay to the execution of the impugned awards subject to deposit of 60 per cent of the amount under each of the awards, along with interest thereon. Copy of the order passed in C.A.No.9431/2016 in First Appeal Stamp No.14250/2016, with connected matters, is placed on record. In view of the above, the following order is passed:

ORDER

The execution of the award impugned in the present appeal shall stand stayed subject to deposit of 60 per cent of the amount under the aforesaid award along with the interest thereon in this Court by the acquiring body within twelve weeks from the date of this order.

Civil Application for stay stands disposed of. ( P.R. BORA, J. ) ...

agp/-