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Bombay High CourtCA/9812/2014disposed offdismissed for default

Maharashtra Industrial Development Corporation Through Regional Officer Latur v. Madhav Digamber Suryawanshi And Others

2016-10-24Hon'Ble Shri Justice P.R. Bora2 pages

23 ca 13841.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 CIVIL APPLICATION NO. 13841 OF 2016 IN FAST/26271/2014 WITH CA/9812/2014 IN FAST/26271/2014 WITH CA/9813/2014 IN FAST/26271/2014 WITH CA/3138/2015 IN FAST/26271/2014 MADHAV DIGAMBERRAO SURYAWANSHI DIED THR HIS LRS RAMABAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Pawar D.B.

AGP for Respondents: S.P. Deshmukh Advocate for Respondents : S.S.Dande For R/2 ...

CORAM : P.R. BORA, J.

DATE : 24-10-2016.

P.C. :

1.

Heard the learned counsel appearing for the applicant and learned counsel appearing for the acquiring body. The applicants are permitted to withdraw 50% of the deposited amount on submitting an undertaking that in the event any adverse order is passed they will re-deposit the amount so withdrawn by them within four months of passing such order. The applicants are further permitted to withdraw the balance 50% amount on furnishing bank guarantee in the like amount of any nationalised or scheduled bank. Civil application stands disposed of. 2.

For the reasons stated in the application, which according to me are just and sufficient, the delay is condoned. Appeal be registered in accordance with law. Civil application

23 ca 13841.16.odt stands disposed of.

3.

The application for bring legal heirs on record is allowed. The legal heirs of deceased respondent be taken on record and necessary amendment be carried out within four weeks. Civil application stands disposed of.

4.

In view of the fact that the acquiring body has deposited the entire amount of the awarded by this court. The interim stay granted on 03.05.2016 is made absolute. Civil application for stay disposed of.

5.

On registration of the appeal, issue notice to the respondents. Learned A.G.P. waives for state and the S.L.A.O. Service complete. Place the matter for admission on 21.11.2016. (P.R. BORA) JUDGE mub