Bombay High CourtCA/4488/2014admittedallowedgrantedrule absolute

Godawari Marathwada Irrigation Development Corporation v. Sharafoddin Daliloddin Quazi And Others

2015-03-10Hon'Ble Shri Justice M.T. Joshi5 pages

1 39-ca4481-14 and ors..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4482 OF 2014 IN FAST/31475/2013 [GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION

VERSUS

ASAMAT ALIYA QUAZI SHAMSODDIN AND OTHERS] WITH CA/4475/2014 IN FAST/30517/2013 WITH CA/4476/2014 IN FAST/30517/2013 WITH CA/4478/2014 IN FAST/31459/2013 WITH CA/4479/2014 IN FAST/31459/2013 WITH CA/4481/2014 IN FAST/31475/2013 WITH CA/4483/2014 IN FAST/31475/2013 WITH CA/4484/2014 IN FAST/31471/2013 WITH CA/4486/2014 IN FAST/31471/2013 WITH CA/4488/2014 IN FAST/31466/2013 WITH CA/4487/2014 IN FAST/31466/2013 WITH CA/4489/2014 IN FAST/31466/2013 WITH CA/4639/2014 IN FAST/30678/2013 WITH CA/4634/2014 IN FAST/30678/2013 WITH CA/4635/2014 IN FAST/30678/2013 WITH CA/4636/2014 IN FAST/31483/2013 WITH

2 39-ca4481-14 and ors..odt CA/4637/2014 IN FAST/31483/2013 WITH CA/4638/2014 IN FAST/31483/2013 WITH CA/4684/2014 IN FAST/30682/2013 WITH CA/4683/2014 IN FAST/30682/2013 WITH CA/4685/2014 IN FAST/30682/2013 WITH CA/4686/2014 IN FAST/31479/2013 WITH CA/4688/2014 IN FAST/31479/2013 -- Mrs.Kalpalata Patil-Bharaswadkar, learned counsel for the applicants Mr.A.H.Koralkar, advocate for respondent - claimant Mr.S.M.Jadhav, AGP for respondents - State -- CORAM : M.T. JOSHI, J.

DATE : MARCH 10, 2015 PER COURT :

Mr.Koralkar, learned counsel has filed Vakilpatra in the applications in which, the claimant/respondent could not be served. The Vakilpatra is accepted on record and marked as "X" in each of the applications.

3 39-ca4481-14 and ors..odt 2] Heard both sides.

3] It is an admitted fact that in the sister appeal, similar delay was occurred and the same has been condoned by this court.

4] In the circumstances, considering the facts on record, delay caused in filing the present appeals is condoned. The applications for delay are allowed and disposed of as such.

ORDER IN APPLICATIONS FOR GRANT OF LEAVE TO FILE APPEAL :

5] Leave to file the appeal is granted. The applications for leave to file the appeals are allowed and disposed of.

4 39-ca4481-14 and ors..odt ORDER IN APPLICATIONS FOR GRANT OF STAY :

6] Mr.Koralkar, learned counsel for the respondent/claimant makes a statement that in the sister appeal i.e. First Appeal No.3026 of 2013, stay was granted on the condition of deposit of the entire amount under the award, together with up-to-date interest.

7] In the circumstances, similar order is passed in the present applications also. Stay to the execution of the impugned awards is hereby granted in each of the applications, on the condition that the applicants deposit entire amount under the impugned award, together with up-to-date interest, within twelve weeks from today. The applications for grant of stay stand disposed of accordingly. 8] The First Appeals are admitted. Mr.Koralkar, learned counsel waives notice for the claimant. Learned AGP waives notice for respondents - State.

5 39-ca4481-14 and ors..odt 9] Be placed with connected First Appeal (Stamp) Nos.34491 of 2013, 35367 of 2013, 35294 of 2013, 35359 of 2013, 34508 of 2013, 34514 of 2013, 34501 of 2013 and 35363 of 2013.

[M.T. JOSHI, J.] kbp