Godavari Marathwada Irrigation Development Corporation Through Its Ex Engineer Latur And Others v. Shivprasad Nandkishor Parikh

7179.15ca -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7179 OF 2015 IN FIRST APPEAL NO. 1562 OF 2015 Godavari Marathwada Irrigation Development Corporation & ors.

...Applicant versus Nivruti Ganpati Taralkar

...Respondent

WITH C. A. NO. 7166/2015 IN F. A. (ST.) NO. 23719/2009 C. A. NO. 7167/2015 IN F. A. (ST.) NO. 23669/2009 C. A. NO. 7168/2015 IN F. A. (ST.) NO. 23709/2009 C. A. NO. 7169/2015 IN F. A. (ST.) NO. 23688/2009 C. A. NO. 7170/2015 IN F. A. (ST.) NO. 23714/2009 C. A. NO. 7171/2015 IN F. A. NO. 1554/2015 C. A. NO. 7172/2015 IN F. A. NO. 1555/2015 C. A. NO. 7173/2015 IN F. A. NO. 1556/2015 C. A. NO. 7174/2015 IN F. A. NO. 1557/2015 C. A. NO. 7175/2015 IN F. A. NO. 1558/2015 C. A. NO. 7176/2015 IN F. A. NO. 1559/2015 C. A. NO. 7177/2015 IN F. A. NO. 1560/2015 C. A. NO. 7178/2015 IN F. A. NO. 1561/2015 .....

Mr. S. G. Sangle, Advocate for applicant.

Mr. P. P. More, Advocate for applicant/State. Mr. N. V. Gaware, Advocate h/f Mr. G. K. Sontakke, Advocate for respondent.

.....

CORAM : N.W. SAMBRE, J.

DATE : 15th JULY, 2015 ORAL ORDER :

.

The applications for extension of time are strenuously objected by the claimants on the ground that, though the amount was

7179.15ca -2received in the treasury, for obvious reasons, same was not deposited or disbursed to the claimants. In support of same, learned Counsel for the claimants has invited attention of this Court to certain events.

2.

The said narration, even if taken into account, particularly in the background of communication dated 14/06/2015 issued by the Collector, Latur to Sub-divisional Officer, Latur and pursuant thereto steps taken by Land Acquisition Officer in depositing the amount, prima facie, no default or delaying tactics could be noticed.

3.

So far as prayer of the appellant for extension of time to deposit the amount is concerned, in my opinion, same can be granted considering the interest of justice. The amount under the claim is secured by this Court.

4.

In view thereof, application for extension of time are allowed in terms of prayer clause (B) and (C). 5.

The claimants will be at liberty to apply for withdrawal of the amount.

[ N.W. SAMBRE, J. ] Tupe/15.07.15