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Bombay High CourtCA/7900/2021delay condonatedrejected

The G.M.I.D.C., Thr Its Ex. Engineer, Nimna Duddhana Project Selu And ORS v. Devrao Kondiba Dangat

2023-11-07Hon'Ble Shri Justice Kishore C. Sant2 pages

1 906-CA-7900-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7900 OF 2021 IN FAST/17966/2019 THE GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION AND OTHERS

VERSUS

DEVRAO KONDIBA DANGAT DIED THROUGH LRS AND OTHERS ...

Advocate for Applicants : Mr. Ranjit B. Gaikwad AGP for Respondents - State : Mr. S.B. Phulkundwar Advocate for Respondents : Mr. More Kumar Gaurav ...

CORAM : KISHORE. C. SANT, J.

DATE : 07th NOVEMBER, 2023 PER COURT :

1.

This application is filed by the acquiring body seeking stay to the execution and implementation of the impugned judgment and award dated 03/11/2015, passed by learned 3rd Joint Civil Judge, Senior Division, Jalna, in L.A.R. No.971/2010. 2.

Heard.

3.

Since the appeal is filed after much delay, the application is allowed in terms of prayer clause 'A', subject to the acquiring body depositing the entire amount as per the award along with interest accrued, within a period of 12 weeks from today. After the amount is deposited, respondents shall be entitled to receive 50% amount along with the interest accrued, if any, by furnishing SVH

2 906-CA-7900-21.odt usual undertaking in this Court. Remaining 25% amount shall be withdrawn by the respondents by giving solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court and remaining 25% amount shall be kept in fixed deposit in any nationalized bank, to be renewed at regular intervals, till final decision of the appeal. Civil Application is disposed off. (KISHORE. C. SANT, J.) SVH