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Bombay High CourtCA/3271/2021delay condonatedrejected

The G.M.I.D.C., Thr Its Ex. Engineer Irrigation Div. Osmanabad And ANR v. Jalindar Hauserao Kudle

2023-01-17Hon'Ble Shri Justice Sandipkumar C. More4 pages

{1} CIVIL APPLICATION NO.428 OF 2023 IN Jalindar Hauserao Kudale Applicant

Versus

The G.M.I.D.C., Osmanabad Respondent Mr.S. A. Deshmukh, advocate for the Applicant Mr.R. B. Gaikwad, advocate for the Respondent. CIVIL APPLICATION NO.429 OF 2023 IN FIRST APPEAL ST. NO. 16835 OF 2020 Ambadas Krushna Kudle (died) through L. Rs.

Applicants

Versus

The State of Maharashtra & another Respondents advocate for the applicants.

Mr. S. N. Kendre, AGP for Respondent No.1.

Mr. R. B. Gaikwad, advocate for Respondent No.2. The respective applicants are claiming withdrawal

{2} of their respective amounts of compensation, which have been deposited by the acquiring body.

In other connected matters, this Court, vide order dated 07.01.2021, has already permitted the applicants therein to withdraw 75% amounts.

In view of the same, these applicants are also permitted to withdraw 75% of their respective amounts of compensation deposited by the acquiring body, 50% on furnishing usual undertaking and 25% on furnishing solvent security/surety to the satisfaction of learned Registrar (J) of this Court. The remaining amounts be invested in FDR, in any Nationalised Bank, on yearly renewal basis till fnal disposal of these appeals.

Civil Applications are disposed of.

adb

{3} CIVIL APPLICATION NO. 3271 OF 2021 IN CIVIL APPLICATION NO. 3275 OF 2021 IN FIRST APPEAL ST. NO. 16835 OF 2020 Mr. R. B. Gaikwad, advocate for the applicant. Mr. S. A. Deshmukh, advocate for Respondent-sole in CA No. 3271/2021.

advocate for Respondents No.1 to 4 in CA 3275 of 2021. The applicant-acquiring body, who has fled these appeals, is seeking condonation of delay of 460 days which appears to be caused due to obtaining sanctions at various stages.

There is no strong objection from other side and, therefore, the delay of 460 days stands condoned. The appeals be placed for admission after removal of offce objections, if any.

Civil Applications are disposed of accordingly.

{4} CIVIL APPLICATION NO. 3272 OF 2021 IN CIVIL APPLICATION NO. 3276 OF 2021 IN FIRST APPEAL ST. NO. 16835 Mr. R. B. Gaikwad, advocate for the applicant. Mr. S. A. Deshmukh, advocate for Respondent-sole in CA No. 3272/2021.

advocate for Respondents No.1 to 4 in CA 3276 of 2021. Since the acquiring body has deposited entire amounts of compensation, the applications are made absolute in terms of prayer clause "A" and are disposed of. adb