Bombay High CourtCA/2985/2021disposed off

Mohan Chango Bhole (Died) Thr Lrs Vasant And ORS v. Executive Engineer, Maharashtra Industrial Dev. Corporation, M.I.D.C., Jalgaon And Others

2021-03-04Hon'Ble Shri Justice R. G. Avachat4 pages

24-sr.929-CA.3075-2021.odt CIVIL APPLICATION NO.3075 OF 2021 IN FIRST APPEAL NO.958 OF 2020 (Bebibai Bhagwan Chaudhari and anr.

Vs.

Executive Engineer, M.I.D.C., Jalgaon and ors.) Mr.A.B.Kale, Advocate for applicants Ms.M.D.Thube, Advocate i/b. M/s.Jay and Co., for respondent no.1 Mr.S.N.Morampalle, Advocate for respondent nos.2 and 3 Learned counsel for the applicants, on instructions, does not press Civil Application No.3075 of 2021. The same is, therefore, disposed of.

24-sr.929-CA.3075-2021 CIVIL APPLICATION NO.2985 OF 2021 IN FA/925/2020 MOHAN CHANGO BHOLE (DIED) THR LRS VASANT AND ORS

VERSUS

EXECUTIVE ENGINEER, MAHARASHTRA INDUSTRIAL DEV. CORPORATION, M.I.D.C., JALGAON AND OTHERS WITH CA/3072/2021 IN FA/967/2020 WITH CA/2986/2021 IN FA/926/2020 WITH CA/3073/2021 IN FA/961/2020 WITH CA/3074/2021 IN FA/958/2020 WITH CA/2987/2021 IN FA/924/2020 WITH CA/3069/2021 IN FA/965/2020 WITH CA/3070/2021 IN FA/966/2020 WITH CA/3071/2021 IN FA/960/2020 WITH CA/3068/2021 IN FA/962/2020 Mr.A.B.Kale, Advocate for applicants Ms.M.D.Thube, Advocate i/b. M/s.Jay and Co., for respondent no.1 Mr.S.N.Morampalle, Advocate for respondent nos.2 and 3 In connected matters, this Court has allowed the claimants to withdraw 50% of the amount. Learned counsel for the respondents has no objection to pass similar order.

24-sr.929-CA.3075-2021 2.

In view of the above, these applications are partly allowed. The applicants are permitted to withdraw 50% of the amount deposited in this Court, on furnishing undertaking to the satisfaction of learned Registrar (Judicial) of this Court, to the effect that in the event the judgments and awards passed by the Reference Court in their respective case, are set aside or modified, the applicants - claimants shall redeposit the amount as directed by this Court within eight weeks from the date of passing of such order. 3.

Remaining 50% of the amount deposited, be kept in fixed deposit in any nationalised bank, till disposal of the appeals.

24-sr.929-CA.3075-2021.odt CA/9095/2019 IN FAST/16877/2019 WITH CA/9102/2019 IN FAST/17402/2019 WITH CA/9103/2019 IN FAST/17402/2019 WITH CA/9094/2019 IN FAST/16877/2019 WITH CA/9096/2019 IN FAST/17386/2019 WITH CA/9097/2019 IN FAST/17386/2019 WITH CA/9105/2019 IN FA/967/2020 WITH CA/9099/2019 IN FA/965/2020 WITH CA/9101/2019 IN FA/966/2020 WITH Ms.M.D.Thube, Advocate i/b. M/s.Jay and Co., for applicants Mr.S.N.Morampalle, AGP for respondent nos.2 and 3 Stand over for four weeks to take steps for bringing on record legal representatives of deceased - respondents.