Macchindra Rakhmaji Wakchoure And Others v. The Executive Engineer, Urdhava Pravara Dharan Vibhag, Ghulewadi Thr Gmidc Aurangabad And Another

7464.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO.7464 OF 2020 IN FIRST APPEAL NO.1398 OF 2020 MACCHINDRA RAKHMAJI WAKCHOURE & OTHERS

VERSUS

THE EXECUTIVE ENGINEER, URDHAVA PRAVARA DHARAN VIBHAG, GHULEWADI & ANOTHER.

...

Mr.D.A.Bide, Advocate for the applicants - claimants.

Mr.P.M.Kulkarni, AGP for the respondent - State.

...

CORAM : V.L.ACHLIYA,J.

DATE : 18.12.2020 P.C.

1] The application is filed by the applicants-claimants seeking direction to transfer the amount deposited by the appellant-acquiring body to the Reference Court in view of disposal of Appeal.

2] Heard learned counsel for the applicants-claimants and learned AGP for the respondent-State.

3] Learned counsel for the applicantsclaimants submits that First Appeal [Stamp] No.29182 of 2015 [now numbered as First Appeal No.1398 of 2020] disposed of in Lok Adalat held on 08.02.2020. Appeal preferred

7464.20CA.odt by the appellants-acquiring body was withdrawn. Accordingly, Appeal has been disposed as withdrawn.

4] Pursuant to the order dated 17.12.2020 passed by this Court, the Section Officer [PLA Section] has reported that the appellant-acquiring body had deposited Rs.5,16,634/- and now the amount together with interest charged upto 15.12.2020, the amount of Rs.7,04,221/- available for disbursement.

5] In view of disposal of Appeal, the registry is directed to transfer the amount of Rs.7,04,221/- together with further interest, if any, to the Reference Court to be treated as deposit made towards satisfaction of Award dated 17.01.2012 passed in LAR No. 72/2001 by the Civil Judge Senior Division, Sangamner, District Ahmednagar.

6] Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC