Bombay High CourtCA/13412/2022disposed off

Charpatinath@Charpati Haribhau Kasab v. The State Of Maharashtra, Through Collector, Osmanabad And Others

2022-09-26Hon'Ble Shri Justice Sandipkumar C. More5 pages

{1} CIVIL APPLICATION NO. 13411 OF 2022 IN FIRST APPEAL ST.NO. 15546 OF 2021 WITH CIVIL APPLICATION NO. 13415 OF 2022 IN FIRST APPEAL ST. NO. 15790 OF 2021 WITH CIVIL APPLICATION NO. 13412 OF 2022 IN FIRST APPEAL ST. NO. 15799 OF 2021 WITH CIVIL APPLICATION NO. 13417 OF 2022 IN FIRST APPEAL ST. NO. 15804 OF 2021 Mr. A. S. More, advocate for the Applicants Mr. A. A. Jagatkar, AGP for Respondents No.1 & 2. Mr. R. A. Tambe, advocate for Respondent No.3. The respective applicants, in all these applications, are seeking withdrawal of entire amount which has been deposited by the appellant-acquiring body. The record shows that the appellant-acquiring body has deposited only 50% of the amounts of compensation under the impugned awards. In other similar matters, withdrawal of such 50% of amounts is already granted. In view of the same, the respective applicants are permitted to withdraw whatever amounts that have been deposited by the appellant-acquiring body in their respective applications, on furnishing usual undertaking to the satisfaction of the Registrar (J)

{2} of this Court along with the accrued interest thereon till date. Civil Applications are disposed of.

{3} CIVIL APPLICATION NO. 5899 OF 2021 IN FIRST APPEAL ST.NO. 15799 OF 2021 WITH CIVIL APPLICATION NO. 5905 OF 2021 IN FIRST APPEAL ST. NO. 15790 OF 2021 WITH CIVIL APPLICATION NO. 5897 OF 2021 IN FIRST APPEAL ST. NO. 15546 OF 2021 WITH CIVIL APPLICATION N. 5901 OF 2021 IN FIRST APPEAL ST. NO. 15804 OF 2021 Mr. R. A. Tambe, advocate for the Applicants Mr. A. S. More, advocate advocate for Respondents-claimants. This Court has already granted interim relief by permitting the appellant-acquiring body to deposit 50% of the impugned awards in these applications. The acquiring body has deposited those amounts.

In view of the same, all the stay applications are made absolute in terms of prayer clause "B" and are accordingly disposed of.

{4} CIVIL APPLICATION NO. 13414 OF 2022 IN FIRST APPEAL ST. NO. 15790 OF 2021 Bhagwan Namdeo Kasab (died) through L.Rs.

Applicants

Versus

The State of Maharashtra & others Respondents Mr. A. S. More, advocate for the Applicants Mr. A. A. Jagatkar, AGP for Respondents No.1 & 2. Mr. R. A. Tambe, advocate for Respondent No.3. Heard rival submissions.

The applicants, who are the legal representatives of Bhagwan Namdeo Kasab, who is the sole Respondent in the main appeal, are seeking permission to bring themselves on record. Bhagwan died on 27th March, 2019, as per the copy of the death certifcate annexed herewith. Further, there is also delay of 1196 days. However, considering the right to defend, the application stands allowed in terms of prayer clauses "B"and "C". The appellant-acquiring body to carry out the amendment forthwith.

Civil Application is disposed of.

{5} CIVIL APPLICATION NO. 5904 OF 2021 IN FIRST APPEAL ST. NO. 15790 OF 2021 WITH CIVIL APPLICATION NO. 5896 OF 2021 IN FIRST APPEAL ST. NO. 15546 OF 2021 WITH CIVIL APPLICATION NO. 5900 OF 2021 IN FIRST APPEAL ST. NO. 15804 OF 2021 WITH CIVIL APPLICATION NO. 5898 OF 2021 IN FIRST APPEAL ST. NO. 15799 OF 2021 Mr. R. A. Tambe, advocate for the Applicants Mr. A. S. More, advocate for the Respondents-claimants. Heard rival submissions. The appellant-acquiring body, in all these applications, is seeking condonation of delay of 530 days, which appears to be caused due to obtaining approvals at various stages.

In view of the same, the delay of 530 days, in all these applications, stands condoned.

The appeals be placed for admission, after removal of offce obcections, if any.

Civil Applications are disposed of.