The Ex. Engineer, Minor Irrigation Div. Osmanabad v. Bhagwan Rama Kokane And ANR
1 932 CA 228-23+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 932 CIVIL APPLICATION NO.228 OF 2023 IN FAST/24114/2021 WITH CA/12388/2021 IN FAST/24088/2021 WITH CA/12389/2021 IN FAST/24088/2021 WITH CA/12397/2021 IN FAST/24106/2021 WITH CA/12399/2021 IN FAST/24106/2021 WITH CA/12392/2021 IN FAST/24109/2021 WITH CA/12393/2021 IN FAST/24109/2021 WITH CA/12390/2021 IN FAST/24114/2021 WITH CA/12391/2021 IN FAST/24114/2021 WITH CA/12395/2021 IN FAST/24117/2021 WITH CA/12396/2021 IN FAST/24117/2021 WITH CA/12400/2021 IN FAST/24160/2021 WITH CA/12401/2021 IN FAST/24160/2021 WITH CA/229/2023 IN FAST/24106/2021 WITH CA/233/2023 IN FAST/24109/2021 WITH CA/230/2023 IN FAST/24088/2021 WITH CA/231/2023 IN FAST/24160/2021 WITH CA/232/2023 IN FAST/24117/2021 MURLIDHAR BABURAO AKHADE
VERSUS
THE EXE. ENGINEER, LIFT IRRIGATION DIV., OSMANABAD AND ANR ...
Advocate for Applicant : Mr. S. A. Wakure AGP for Respondent No.2: Mr. S. N. Kendre Advocate for Respondent No.1 : Mr. P. G. Rodge ....
CORAM :
SANDIPKUMAR C. MORE, J.
DATED : 10/01/2023.
P. C. :
IN CIVIL APPLICATION NOS.228 OF 2023, 229 OF 2023, 233 OF 2023 AND 230 OF 2023 :
Heard rival submissions.
The respective applicants are seeking withdrawal of entire amounts of compensation alongwith interest.
2 932 CA 228-23+ 3.
This court in other similar matters has already permitted the applicants therein to withdraw 75% of the deposited amount under order dated 16/07/2021.
4.
In view of the same, the present applicants are also permitted to withdraw 75% of their respective share in deposited amounts alongwith the accrued interest thereon, 50% on usual undertaking and 25% on furnishing solvent surety / security / bank guarantee in the like amount. The balance 25% amounts be invested in FDR in any nationalized bank on yearly renewal basis till fnal disposal of these appeals. Applications are accordingly disposed of. IN CIVIL APPLICATION NOS.12389 OF 2021, 12399 OF 2021, 12393 OF 2021, 12391 OF 2021, 12396 OF 2021 AND 12401 OF 2021 :- Since the acquiring body has deposited the entire amounts of compensation in these applications, the same are made absolute in terms of prayer clause-B and disposed of accordingly. IN CIVIL APPLICATION NOS.12388 OF 2021, 12397 OF 2021, 12392 OF 2021, 12390 OF 2021, 12395 OF 2021 AND 12400 OF 2021 :- The appellant acquiring body is seeking condonation of delay of 2990 days in all these applications, which appears to be caused due to obtaining approvals at various stages. There is no strong objection from other side.
As such, the delay of 2990 days in all these applications stands condoned.
3.
The appeals be placed for admissions after removal of offce objections, if any. The applications are accordingly disposed of.
3 932 CA 228-23+ IN CIVIL APPLICATION NOS.231 OF 2023 AND 232 OF 2023 : The applicants in both these applications are seeking permission to bring themselves on record being the respective legal representatives of original claimants namely Rambhau Kondiba Akhade and Bhagwan Rama Kokane by condoning the delay mentioned therein.
Considering the right to defend, both these applications stand allowed in terms of prayer clause-B and disposed of accordingly. 3.
The necessary amendment be carried out by the appellant acquiring body within the stipulated period.
( SANDIPKUMAR C. MORE, J. ) VS Maind/-