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Bombay High CourtCA/8100/2016disposed offdismissed for default

The Executive Engineer, Medium Project Division, Osmanabad And ORS v. Pandurang Tukaram Gaikwad And ORS

2017-08-04Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.8088/2016gr 926 CIVIL APPLICATION NO. 8088 OF 2016 IN FAST/15621/2016 WITH CA/8090/2016 IN FAST/15621/2016 WITH CA/8092/2016 IN FAST/16189/2016 WITH CA/8093/2016 IN FAST/16189/2016 WITH CA/8094/2016 IN FAST/16196/2016 WITH CA/8095/2016 IN FAST/16196/2016 WITH CA/8096/2016 IN FAST/16183/2016 WITH CA/8097/2016 IN FAST/16183/2016 WITH CA/8098/2016 IN FAST/16199/2016 WITH CA/8099/2016 IN FAST/16199/2016 WITH CA/8100/2016 IN FAST/16177/2016 WITH CA/8101/2016 IN FAST/16177/2016 THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD AND ORS

VERSUS

CHAYABAI DATTATRAYA ZENDE ...

Advocate for Applicants : Mr.Rajale Gulab B.

Mr. Wakure Sanjay A., Adv., for respondents.

...

CORAM : P.R. BORA, J.

Dated: August 04, 2017 ...

PER COURT :- 1.

In one similar matter i.e. CA No.7169/2016, this Court, on 6th of July, 2017, has passed an order thereby condoning the delay, and agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.8088/2016gr has also stayed the execution of the impugned award by directing acquiring body to deposit 60 per cent of the awarded amount. Shri Wakure, learned Counsel, concedes the submission so made. In view of the above, following order is passed:

ORDER

1.

Civil Applications for condonation of delay are allowed and disposed of. The appeals be registered in accordance with law. After registration of the appeals, issue notice to the respondents in the appeals returnable after four weeks. Shri S.A.Wakure, learned Counsel, waives service for respondents. Call for R & P.

2.

The execution of the awards impugned in the present appeals shall stand stayed subject to deposit of 60 per cent of the amount under each of the aforesaid awards along with the interest thereon in this Court by the acquiring body within twelve weeks from the date of this order. Civil Applications for stay stand disposed of. 3.

Authenticated copy of this order be issued to requesting parties.

( P.R. BORA, J. ) ...

agp/-