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Bombay High CourtCA/11578/2016disposed offdismissed for default

The State Of Maharashtra And ORS v. Prabhakar Gopalarao Naiknaware

2016-09-21Hon'Ble Shri Justice P.R. Bora2 pages

CA NO.11575-15gr

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 CIVIL APPLICATION NO.11575/2016 IN FAST/19849/2014 WITH CA/3199/2015 IN FAST/19849/2014 THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

MAHADEO NARHARI NAIKNAWARE DIED THR HIS LRS VIKRAM MAHADEO NAIKNAWARE DIED THR LR ...

WITH 12 CIVIL APPLICATION NO. 11578/2016 IN FAST/19843/2014 with CA/3201/2015 IN FAST/19843/2014 WITH CA ...

13 CIVIL APPLICATION NO. 11580/2016 IN FAST/19804/2014 CA/3197/2015 IN FAST/19804/2014 ...

Mr.S.P.Deshmukh,Mr.S.P.Deshmukh, MrS.M.Morampalle, Mr.G.O.Wattamwar, AGP for applicant State.

Mr.B. R Jaybhay For Respondent nos. 1A/1(a) To 1(b) & 2 in FAST. Mr.B.R.Surwase, Adv., for A/1 in FAST.

...

CORAM : P.R. BORA, J.

Dated: September 21, 2016 ...

PER COURT :- 1.

Vide the present applications for extension of time, the acquiring body has sought extension of time for depositing the amount of compensation in pursuance of the order passed by this Court ( Coram: M.T.Joshi, J.) on 10th of March, 2015. The order dated 10th of March,

CA NO.11575-15gr 2015, demonstrates that interim stay to the execution of the impugned awards was granted by this Court subject to deposit of the amount under the award by the acquiring body in this Court within a period of ten weeks. It appears that the acquiring body did not deposit the amount within the given period. Obviously, since the interim stay was on condition of deposit of the amount, the same stood vacated. Learned Counsel for the applicants submits that the amount of compensation will be deposited within a week and has, therefore, prayed for extending the time for deposit of the amount and has further prayed for revival of the order passed by this Court on 10th March, 2015.

2.

In view of the fact that within a week the amount of compensation is being deposited, the time to deposit the amount by the applicants is extended by two weeks. The execution of the impugned awards shall stand stayed subject to the deposit of the amount by the applicant acquiring body within two weeks from the date of this order.

3.

Applications for extension of time to deposit the amount are disposed of in above terms.

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