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Bombay High CourtCA/11255/2012disposed offdismissed for default

The Executive Engineer, Minor Irrigation Div. -1 v. The State Of Mah And ANR

2019-05-03Hon'Ble Shri Justice Sunil K. Kotwal4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.5926 OF 2019 IN FA/1748/2012 WITH CA/11248/2012 IN FA/1749/2012 WITH CA/11249/2012 IN FA/1750/2012 WITH CA/11250/2012 IN FA/1751/2012 WITH CA/11251/2012 IN FA/1752/2012 WITH CA/11252/2012 IN FA/1753/2012 WITH CA/11253/2012 IN FA/1754/2012 WITH CA/11254/2012 IN FA/1755/2012 WITH CA/11255/2012 IN FA/1756/2012 WITH CA/11257/2012 IN FA/1758/2012 WITH CA/11258/2012 IN FA/1759/2012 WITH CA/11259/2012 IN FA/1760/2012 WITH CA/11260/2012 IN FA/1761/2012 WITH CA/5927/2019 IN FA/1753/2012 WITH CA/5928/2019 IN FA/1759/2012 WITH CA/5929/2019 IN FA/1760/2012 WITH CA/5930/2019 IN FA/1761/2012 WITH CA/5954/2019 IN FA/1751/2012 WITH CA/5955/2019 IN FA/1758/2012 WITH CA/5956/2019 IN FA/1750/2012 WITH CA/5957/2019 IN FA/1752/2012 WITH CA/5958/2019 IN FA/1749/2012 WITH CA/5959/2019 IN FA/1756/2012 WITH CA/5960/2019 IN FA/1755/2012 WITH CA/5961/2019 IN FA/1754/2012 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. -1

VERSUS

THE STATE OF MAH AND ANR ...

Advocate for Applicant : Mr.Rajale Gulab AGP for Respondent No. 1 : Mr. P.M. Kulkarni Advocate for Respondent No.2 : Mr.A.K.Gawali ...

WITH 913 CIVIL APPLICATION NO.5976 OF 2019 IN FA/866/2013 WITH CA/5962/2019 IN FA/885/2013 WITH CA/5963/2019 IN FA/884/2013 WITH CA/5964/2019 IN FA/883/2013 WITH CA/5965/2019 IN FA/882/2013 WITH CA/5966/2019 IN FA/881/2013 WITH CA/5967/2019 IN FA/880/2013 WITH CA/5968/2019 IN FA/877/2013 WITH CA/5969/2019 IN FA/878/2013 WITH CA/5970/2019 IN FA/879/2013 WITH CA/5971/2019 IN FA/871/2013 WITH CA/5972/2019 IN FA/876/2013 WITH CA/5973/2019 IN FA/869/2013 WITH CA/5974/2019 IN FA/886/2013 WITH CA/5975/2019 IN FA/874/2013 WITH CA/5977/2019 IN FA/875/2013 WITH CA/5978/2019 IN FA/870/2013 WITH CA/5979/2019 IN FA/868/2013 WITH CA/5980/2019 IN FA/867/2013 WITH CA/5981/2019 IN FA/887/2013 WITH CA/5982/2019 IN FA/873/2013 WITH CA/5983/2019 IN FA/872/2013 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV-1, AHMEDNAGAR

VERSUS

THE STATE OF MAH AND ORS ...

Advocate for Applicants : Rajale Gulab AGP for Respondent No. 1: Mr. A.M.Phule Advocate for Respondent Nos. 2 to 4 : Mr. M.R. Sonawane ...

CORAM : SUNIL K.KOTWAL, J.

DATE : 03 rd May, 2019 O R D E R :

Heard learned counsel for the appellant - Acquiring Body, learned A.G.P. for the State and learned counsel for the claimants.

2.

Learned counsel for the appellant submits that the appellant is ready to deposit the balance compensation amount with proportionate accrued interest thereon in this Court within a period of twelve weeks from the date of passing of this order. In view of this undertaking, the judgment and award passed by the Reference Court is stayed till final hearing of the appeals in terms of prayer clauses "B" and "C", subject to condition that the Acquiring Body - appellant deposits the balance compensation amount with proportionate accrued interest thereon in this Court within a period of twelve weeks from the date of passing of this order. In case of any default on

the part of the Acquiring Body, the stay order shall stand vacated without reference to this Court. The Civil Applications are accordingly allowed and disposed of.

3.

Parties to act on authenticated copy of this order.

[ SUNIL K.KOTWAL ] JUDGE npj/