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Bombay High CourtCA/2827/2023disposed off

Hariba Yada Dalal (Died) Thr Lrs. Santosh Hariba Dalal And Another v. The State Of Maharashtra, Through The Collector, Osmanabad And ANR

2023-03-09Hon'Ble Shri Justice Sandipkumar C. More7 pages

{1} CIVIL APPLICATION NO. 2829 OF 2023 IN Hariba Yada Dalal (died) through L. Rs.

Applicants

Versus

The State of Maharashtra and another Respondents Katneshwarkar, advocate for the Applicants Mr. S. S. Dande, AGP for Respondents.

The applicants, being the legal representatives of soul respondent-claimant Hariba Yada Dalal are seeking permission to bring themselves on record by condoning delay of 5542 days. From the copy of the death certifcate, it appears that Hariba Yada Dalal died on 20.05.2007. The learned AGP for State-acquiring body, though opposed the application, but considering the right to defend,

{2} the application stands allowed in terms of prayer clauses {B} and {C}. The appellant-acquiring body is directed to carry out the amendment forthwith.

Civil Application is disposed of.

{3} CIVIL APPLICATION NO. 2827 OF 2023 IN Hariba Yada Dalal (died) through L. Rs.

Applicants

Versus

The State of Maharashtra and another Respondents Katneshwarkar, advocate for the Applicants Mr. S. S. Dande, AGP for Respondents.

Heard rival submissions.

The applicants are seeking withdrawal of entire amount of compensation, which has been deposited by the appellant-acquiring body.

This Court, in other connected matter, vide order dated 30.07.2021, has already permitted the applicants therein to withdraw 50% of the deposited amount.

{4} In view of the same, the applicants herein are permitted to withdraw 50% of the deposited amount along with proportionate interest accrued thereon by furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. The remaining amount be invested in FDR, in any Nationalised Bank, on yearly renewal basis, till fnal disposal of this appeal.

Civil Application is disposed of.

{5} CIVIL APPLICATION NO. 3293 OF 2019 IN The State of Maharashtra and another Applicants

Versus

Hariba Yada Dalal (died) through L. Rs.

Respondents Mr. S. S. Dande, AGP for Applicants.

Katneshwarkar, advocate for Respondents-claimants Heard rival submissions.

The applicant-acquiring body is seeking condonation of delay of 1593 days which appears to be caused due to obtaining approvals at various stages. There is no strong objection from the respondent-claimants. Hence, by considering the statutory right of the applicant, delay of 1593 days stands condoned. Appeal be placed for admission after removal of offce

{6} objections, if any.

Civil Application stands disposed of.

{7} CIVIL APPLICATION NO. 3290 OF 2019 IN FIRST APPEAL NO. 1268 OF 2021 WITH CIVIL APPLICATION NO. 3294 OF 2019 IN WITH CIVIL APPLICATION NO. 3292 OF 2019 IN FIRST APPEAL NO. 1269 OF 2021 Mr. S. S. Dande, AGP for Applicants.

Katneshwarkar, advocate for Respondents-claimants Since the appellant-acquiring body has deposited entire amounts of compensation along with the interest, in these matters, these applications are made absolute in terms of prayer clause {B} and disposed of.