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Bombay High CourtCA/16279/2015rejected at admission stage

The State Of Maharashtra And Others v. Suresh Dattatray Puranik And Another

2015-12-17Hon'Ble Shri Justice A.M. Badar2 pages

932.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 16279 OF 2015 IN FAST/29809/2014 THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

SURESH DATTATRAY PURANIK AND ANOTHER ...

Advocate for Applicants : Mr. A. M. Phule, AGP Advocate for Respondents : Mr. R.C.Kulkarni

CORAM

: A. M. BADAR, J.

DATE :

17th December, 2015 PER COURT :

1.

Conditional stay order was passed by this Court with direction to the applicant State to deposit the amount under the award before this Court within a period of three months as stated by the learned AGP. 2.

Perusal of application shows that the time so granted was expired on 16.02.2015. The amount as directed is not deposited by the State within the prescribed period. Reason given for non compliance is that sanction was granted belatedly. The application is objected by the other-side.

3.

In my opinion, belated sanction cannot constitute sufficient reason to extend the time limit to deposit the amount. Even today also the appellants have not come up with the cheque/draft of the amount under the award. It is not made clear as to within what period, applicant would be in position to deposit the amount as directed. I would have considered the request for extension of 1/2

932.odt time, if applicant had made any specific statement in respect of period within which the amount can be deposited in this Court.

4.

Hence the application is rejected.

( A. M. BADAR, J. ) JPC 2/2