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Bombay High CourtWP/6601/2024disposed off

Zilla Parishad Aurangabad Through Its Chief Executive Officer Milind S. Bansode v. M/S Navnirman Consultants Through Varsha Atul Dawale

2024-08-12Hon'Ble Shri Justice Arun R. Pedneker2 pages

2024:BHC-AUG:17925 1 30

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 WRIT PETITION NO. 6601 OF 2024 ZILLA PARISHAD AURANGABAD THROUGH ITS CHIEF EXECUTIVE OFFICER MILIND S. BANSODE

VERSUS

M/S NAVNIRMAN CONSULTANTS THROUGH VARSHA ATUL DAWALE ...

Advocate for the Petitioner : Mr. Naik Thigle Girish K Advocate for Respondent : Mr. A. S. Deshpande ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 12th AUGUST, 2024 PER COURT:

1.

Heard.

2.

The learned counsel appearing for the Zilla Parishad has produced the chart depicting the calculations in terms of the award payable to the claimant. The claimant submits that the total outstanding dues as on 05.08.2024 is Rs.97,57,965/-, whereas the petitioner Zilla Parishad contends that outstanding amount is Rs.38,98,293/- as on 05.08.2024 and, thereafter, cheque of Rs.26,59,786/- is deposited by the petitioner / Zilla Parishad before the executing court. The Zilla Parishad submits that the amount of Rs.12,38,507/- is outstanding and the same will be paid within two (02) weeks. The statement of the Zilla Parishad is

2 30 accepted and the Zilla Parishad is directed to deposit this amount of Rs.12,38,507/- within two (02) weeks.

3.

The learned counsel appearing for the claimant submits that the further amount of near about Rs.66 Lacs and odd is due and payable to the claimant. The executing court to decide the same within a period of three (03) weeks. The executing court would issue further directions to the petitioner to make the payment of outstanding amount if any. 4.

The impugned order at Exhibit 22, dated 15.06.2024, seeking attachment of the immovable property is set aside. 5.

The claimant is at liberty to withdraw the amount of Rs.26,59,786/- along with interest deposited by the Zilla Parishad before the executing court. The claimant would be also at liberty to withdraw the further amount after deposit of the same by the Zilla Parishad of Rs.12,38,507/- and the Zilla Parishad will raise no objection for the same. 6.

The writ petition is accordingly disposed of. [ARUN R. PEDNEKER, J.] marathe