Bombay High CourtCA/13347/2015disposed offdismissed for default

The Executive Engineer Lower Dudhana Project Division, Selu For And On Behalf Of The Gmidc Ltd. v. Walibai Premji Mod Joshi And Others

2016-01-29Hon'Ble Shri Justice T.V. Nalawade3 pages

1 CA 6467 of 2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 6467 OF 2013 IN FAST/11778/2013 WITH CA/6465/2013 IN FAST/11784/2013 WITH CA/6466/2013 IN FAST/11784/2013 WITH CA/6468/2013 IN FAST/11778/2013 WITH CA/13340/2015 IN FAST/29582/2015 WITH CA/13341/2015 IN FAST/29582/2015 WITH CA/13342/2015 IN FAST/29380/2015 WITH CA/13343/2015 IN FAST/29380/2015 WITH CA/13344/2015 IN FAST/29367/2015 WITH CA/13345/2015 IN FAST/29367/2015 WITH CA/13346/2015 IN FAST/29372/2015 WITH CA/13347/2015 IN FAST/29372/2015 WITH CA/13348/2015 IN FAST/29377/2015 WITH CA/13349/2015 IN FAST/29377/2015 The Godavari Marathwada Irrigation Development Corporation, Aurangabad. .. Applicant.

Versus

Prayagbai w/o Sahebrao Zol Deceased through legal representatives.

.. Respondents.

-------- Shri. Anand Chawre, Advocate, for applicant. Shri. V.D. Salunke, Advocate, for respondent Nos.2 to 7. Shri. A.R. Borulkar, Assistant Government Pleader, for respondent Nos.8 and 9.

---------- CORAM: T.V. NALAWADE, J.

DATE : 29th JANUARY 2016

2 CA 6467 of 2013 ORDER:

1) Heard learned counsel for the acquiring body on the applications filed for condonation of delay except Civil Application No.6467/2013 (First Appeal Stamp No.11778/2013 and Civil Application No.13348/2015 in First Appeal Stamp No.29377/2015. The respondents, original claimants from other matters have not turned up. In view of the contentions made in the applications and the submissions made, this Court holds that sufficient cause is shown. In the result, the rest of the civil applications filed for delay condonation are allowed. Delay is condoned.

2) Notice to the respondents from other matters returnable on 16-6-2016. Call record and proceedings. The applicant - acquiring body to take steps in the matters like Civil Application No.6467/2013 and 13348/2015 prior to next date.

3) It appears that this Court has already made conditional order against the acquiring body and stay was given to the execution on deposit of the amount within ten

3 CA 6467 of 2013 weeks. As the amount is not yet deposited it is to be presumed that there is no stay to the execution of the judgment and award. If the acquiring body in future comes with the amount of compensation, request again can be considered. With that liberty the stay applications are disposed of.

Sd/- (T.V. NALAWADE, J. ) rsl