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Bombay High CourtFA/957/2018disposed offdismissed for default

The Executive Engineer, Nimna Dudhana Project Division, Sailu And ORS v. Dhondiba Baburao Kakade

2019-03-17Shri Justice J P Devadhar2 pages

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI HELD ON 17TH MARCH, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 172 FIRST APPEAL NO.957 OF 2018 ...

O R D E R

Advocate Mr. Ruturaj C. Patil is appearing for appellant/acquiring body. Mr. P.B. Jadhav, Executive Engineer, Jalna Irrigation Division, Jalna is also present. Advocate Mr. A.H. Koralkar is present for the respondent. Pursis has been filed by them. It is marked as Exh.'X'. In view of the said compromise the appeal is disposed of as withdrawn.

Award/Decree be drawn up in terms of the compromise. In view of the compromise refund of Court fees would be as per rules.

Deficit Court fee, if any, be paid forthwith. Pending Civil Application, if any, be disposed of. Statement is also made that 75% amount is already withdrawn

FA_957_2018 by the claimant. In view of the fact that interest is to be calculated as per the decision of the Full Bench in State of Maharashtra vs. Kailash Shiva Rangari reported in 2016(4) ALL M.R. 513 (F.B.). Remaining amount, if any, towards claimant, be given to the claimant and if there is excess amount, then it should be refunded to the acquiring body along with interest accrued.

(K.B. Choudhari) (V.B. Mantri) (Smt. Vibha Kankanwadi, J.) Advocate D.J. (Retd.) Head of the Panel.

Member Member Date :17.03.2019.

Place : Aurangabad.

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