The State Of Maharashtra Through Dy.Commissioner Of Excise v. Walabai Kisan Rathod
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 953 CIVIL APPLICATION NO.12763 OF 2023 IN FAST/28260/2022 WITH CA/17176/2022 IN FAST/28260/2022 WITH CA/17177/2022 IN FAST/28260/2022 WALABAI KISAN RATHOD & OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH DY.
COMMISSIONER EXCISE & OTHERS ...
Advocate for Applicants : Mr.S.B.Choudhari AGP for Respondent-State : Mr.B.V.Virdhe Advocate for Respondent no.4 : Mr.S.S.Patil h/f. Mr.R.H.Dahat ...
CORAM :ARUN R. PEDNEKER, J.
DATE :20.10.2023 P.C. :
A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT The present Civil Application is filed for withdrawal of the amount deposited by the appellants in this Court.
Heard the learned counsel for the parties.
3] The learned counsel for the applicant submits that the amount deposited as granted by the Tribunal not in
terms of the direction of this Court, he may file appropriate application.
4] Without going into the merits of the matter, the Tribunal having granted compensation to the original claimants, I deem it appropriate to permit the applicants to withdraw 50% of the amount of compensation deposited in this Court along with accrued interest thereon till date subject to furnishing usual undertaking to the satisfaction of the Registrar [J.] of this Court. Undertaking to be filed by the wife of the deceased. Civil Application is disposed of accordingly.
5] The applicant is permitted to file Vakalatnama within one week.
B] ORDER IN CIVIL APPLICATION FOR DELAY The present Civil Application is filed to condone the delay of 1168 days in filing the First Appeal. For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Appeal be registered. Civil Application is disposed of accordingly. C] ORDER IN CIVIL APPLICATION FOR STAY
Since the applicant - appellant has deposited entire award amount in this Court, the interim stay granted by this Court stands confirmed. Civil Application is disposed of accordingly.
D] ORDER IN FIRST APPEAL First Appeal is admitted.
On admission, Mr.Manoj V. Shelke, learned counsel waives notice for respondent no.10. Mr.R.H.Dahat, learned counsel waives notice for respondent no.11. 3] Call R. & P.
[ARUN R. PEDNEKER] JUDGE DDC