Bombay High CourtCA/12517/2014admittedallowedgrantedrule absolute

The Executive Engineer Construction Central Railway Solapur v. Tulshiram Eknath Balwad And Another

2015-02-24Hon'Ble Shri Justice M.T. Joshi4 pages

1 22-ca12496-14 and ors..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12496/2014 IN FAST/25853/2014 [THE EXECUTIVE ENGINEER CONSTRUCTION CENTRAL RAILWAY SOLAPUR

VERSUS

SHIVRAJ PANDHARINATH BALWAD AND ANOTHER] WITH CIVIL APPLICATION NO.12497/2014 IN FAST/25853/2014 WITH CIVIL APPLICATION NO.12498/2014 IN FAST/25990/2014 WITH CIVIL APPLICATION NO.12499/2014 IN FAST/25990/2014 WITH CIVIL APPLICATION NO.12500/2014 IN FAST/25999/2014 WITH CIVIL APPLICATION NO.12501/2014 IN FAST/25999/2014 WITH CIVIL APPLICATION NO.12502/2014 IN FAST/25996/2014 WITH CIVIL APPLICATION NO.12503/2014 IN FAST/25996/2014 WITH CIVIL APPLICATION NO.12504/2014 IN FAST/25993/2014 WITH CIVIL APPLICATION NO.12505/2014 IN FAST/25993/2014 WITH

2 22-ca12496-14 and ors..odt CIVIL APPLICATION NO.12506/2014 IN FAST/25981/2014 WITH CIVIL APPLICATION NO.12507/2014 IN FAST/25981/2014 WITH CIVIL APPLICATION NO.12508/2014 IN FAST/25984/2014 WITH CIVIL APPLICATION NO.12509/2014 IN FAST/25984/2014 WITH CIVIL APPLICATION NO.12510/2014 IN FAST/25949/2014 WITH CIVIL APPLICATION NO.12511/2014 IN FAST/25949/2014 WITH CIVIL APPLICATION NO.12512/2014 IN FAST/25987/2014 WITH CIVIL APPLICATION NO.12513/2014 IN FAST/25987/2014 WITH CIVIL APPLICATION NO.12514/2014 IN FAST/25971/2014 WITH CIVIL APPLICATION NO.12515/2014 IN FAST/25971/2014 WITH CIVIL APPLICATION NO.12516/2014 IN FAST/25978/2014 WITH CIVIL APPLICATION NO.12517/2014 IN FAST/25978/2014

3 22-ca12496-14 and ors..odt -- Mr.D.V.Soman, advocate for applicants Mr.R.P.Adgaonkar, advocate for respondent no.1 Mr.S.M.Jadahv, AGP for respondent no.2 -- CORAM : M.T. JOSHI, J.

DATE : FEBRUARY 24, 2015 PER COURT :

Mr.R.P.Adgaonkar, learned counsel submits that he has instructions to appear on behalf of the respondent no.1 - land owner, in all the applications and Vakilpatra would be filed during the course of day.

2] Heard both sides.

3] These applications are filed for condonation of delay caused in filing the appeals. The delay is sought to be condoned by the applicant - acquiring body, on the ground that there was some communication gap.

4] Considering the reasons stated in the applications, the delay caused in filing the appeals, is condoned. The applications for condonation of delay are allowed and disposed of.

4 22-ca12496-14 and ors..odt APPLICATIONS FOR GRANT OF STAY :

5] Considering the nature of challenge in the appeals, stay to the execution of the impugned awards is hereby granted in each of the applications, on the condition that the applicants deposit 50% of the amount under the award with upto-date interest within eight weeks. The applications are accordingly allowed and disposed of.

6] In case the amount is not deposit, the applications shall stand dismissed and the stay shall stand vacated, automatically.

[M.T. JOSHI, J.] kbp