Bombay High CourtCA/12776/2014admittedallowedgrantedrule absolute

The Area Manager Maharashtra Industrial Development Corporation Jalgaon v. Keshav Vithu Kale Deceased Through Its Lrs Girijabai And Others

2015-03-13Hon'Ble Shri Justice M.T. Joshi5 pages

1 ca12773-14 and ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12773 OF 2014 IN FA/2326/2014 FIRST APPEAL NO.2326/2014 [THE AREA MANAGER MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION JALGAON

VERSUS

CHHAGAN RAMCHANDRA NEMADE DECEASED THROUGH LRS INDUBAI AND OTHERS] CA/12774/2014 IN FA/2327/2014 FIRST APPEAL NO.2327/2014 CA/12775/2014 IN FA/2328/2014 FIRST APPEAL NO.2328/2014 CA/12781/2014 IN FA/2331/2014 FIRST APPEAL NO.2331/2014 CA/12776/2014 IN FA/2329/2014 FIRST APPEAL NO.2329/2014 CA/12777/2014 IN FA/2330/2014 FIRST APPEAL NO.2330/2014 CA/12831/2014 IN FA/2339/2014 FIRST APPEAL NO.2339/2014 CA/12829/2014 IN FA/2337/2014 FIRST APPEAL NO.2337/2014

2 ca12773-14 and ors.odt CA/12830/2014 IN FA/2338/2014 FIRST APPEA NO.2338/2014 CA//12847/2014 IN FA/2347/2014 FIRST APPEAL NO.2347/2014 CA/12844/2014 IN FA/2345/2014 FIRST APPEAL NO.2345/2014 CA/12845/2014 IN FA/2346/2014 FIRST APPEAL NO.2346/2014 CA/12848/2014 IN FA/2348/2014 FIRST APPEAL NO.2348/2014 CA/12849/2014 IN FA/2349/2014 FIRST APPEAL NO.2349/2014 CA/12850/2014 IN FA/2350/2014 FIRST APPEAL NO.2350/2014 CA/12852/2014 IN FA/2352/2014 FIRST APPEAL NO.2352/2014 CA/12851/2014 IN FA/2351/2014 FIRST APPEAL NO.2351/2014 CA/12853/2014 IN FA/2353/2014

3 ca12773-14 and ors.odt FIRST APPEAL NO.2353/2014 CA/12842/2014 IN FA/2342/2014 FIRST APPEAL NO.2342/2014 CA/12839/2014 IN FA/2340/2014 FIRST APPEAL NO.2340/2014 CA/12841/2014 IN FA/2341/2014 FIRST APPEAL NO.2341/2014 -- Mr.S.S.Dande, advocate for applicant Mr.A.B.Kale, advocate for respondents/claimants Mr.S.G.Sangle, AGP for respondent/State -- CORAM : M.T. JOSHI, J.

DATE : MARCH 13, 2015 PER COURT :

Heard both sides.

2] Since caveat was filed on behalf of the respondents by Mr.A.B.Kale, learned counsel, there is no need file separate Vakilpatra.

4 ca12773-14 and ors.odt 3] Heard Mr.Dande, learned counsel for the applicants, Mr.A.B.Kale, learned counsel for the respondents/claimants and learned A.G.P. for the respondents/State.

4] Mr.Dande submits that now, the amount under the impugned award, together with up-to-date interest, is deposited in view of the earlier directions issued by this Court.

5] In the circumstances, the stay granted earlier to the execution of the impugned awards, is hereby made absolute in each of the applications, on the same terms and conditions. The applications are allowed and disposed of accordingly.

6] The appeals are admitted. Mr.Kale, learned counsel waives notice for the respondents/ claimants and learned AGP waives notice for the respondents/State.

5 ca12773-14 and ors.odt 7] Printing of the paper book is dispensed with. 8] Liberty to move for early hearing in case, exigency arises, is granted. Liberty to file application for withdrawal of the amount is also granted.

[M.T. JOSHI, J.] kbp