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Bombay High CourtFA/2824/2017disposed offdismissed for default

The Maharashtra Krushna Vally Development Corporation Throuh Its Exe Eng Med Project Divn Osmanaba v. Baban Tabaji Khade And ANR

2017-11-21Hon'Ble Shri Justice P. D. Naik4 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.2823 OF 2017 THE MAHARASHTRA KRUSHNA VALLY DEVELOPMENT CORPORATION, THROUGH ITS EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD

VERSUS

KESHAV SAHEBRAO KHADE AND OTHERS ...

Advocate for the appellant : Mr.Anil.M.Gaikwad Advocate for respondent No.1: Mr.C.K.Shinde ...

WITH FIRST APPEAL NO.2824 OF 2017 WITH FIRST APPEAL NO.2825 OF 2017 WITH FIRST APPEAL NO.2826 OF 2017 WITH FIRST APPEAL NO.2827 OF 2017 WITH FIRST APPEAL NO.2828 OF 2017 WITH FIRST APPEAL NO.4591 OF 2017 WITH CA NO.10729 OF 2016 IN FA NO.4591 OF 2017 WITH FIRST APPEAL NO.4592 OF 2017 WITH CA NO.10770 OF 2016 IN FA NO.4592 OF 2017 ...

CORAM : PRAKASH D.NAIK, J.

DATE :

21.11.2017 PER COURT :- 1) Papers are produced at the request of both the parties. It is submitted that there were about 29 appeals preferred by the appellants challenging the impugned orders. About 19 appeals were placed before Lok

( 2 ) Adalat. In the hearing held before the Lok Adalat on 9.9.2017, the following order was passed:- "Mr.A.M.Gaikwad, learned counsel for appellantsAcquiring Body is present, Mr.C.K.Shinde, learned counsel for respondents-original claimants is present.

2.

The learned counsel for the appellants submits that the appellants have deposited the amount of compensation in this Court on 31st March, 2017, as awarded and directed by the Reference Court and the respondents are ready to accept that amount towards their full and final settlement and satisfaction of the claims. The learned counsel for the respondents also accept this proposal. He submits that, the claimants are on the way and they would sign the terms of settlement and produce it for passing the Award during the course of day, by 2.00 p.m.

3.

The amount deposited in this Court be remitted to the Reference Court for being paid to the respondents-original claimants alongwith interest accrued thereon."

( 3 ) 2) The learned counsel for both the parties submitted that in view of the consent order passed by the Lok Adalat, on same terms the present appeals may be disposed of.

3) The learned counsel for the appellant submitted that the decision to settle the matters before the Lok Adalat was taken in accordance with Government Resolution dated 3.11.2016. The learned counsel also placed on record communication issued by the Acquiring Body with regards to settlement. The said communication is taken on record and marked as 'X' for identification.

4) It is submitted by the learned counsel for both the parties that these appeals may be disposed of in accordance with the order passed by the Lok Adalat. Hence, I pass the following order.

ORDER

(I) The First Appeals are disposed of in terms of

( 4 ) the order dated 9.9.2017 passed by National Lok Adalat in connected appeals.

(II) The amount deposited in this Court be remitted to the Reference Court for being paid to the respondents (original claimants) along with the interest accrued on the deposited amount. (III) The Civil Application No.10729 of 2016 in First Appeal No.4591 of 2017 and the Civil Application No.10770 of 2016 in First Appeal No.4592 of 2017 also stand disposed of.

[PRAKASH D.NAIK, J.] SPT/2-FA 2823 of 2017 & Ors.