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Bombay High CourtCA/16377/2015rejected at admission stage

The State Of Maharashtra And Others v. Namdeo Nivrutti Raut

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

933.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO. 16377 OF 2015 IN FAST/6218/2014 THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

NAMDEO NIVRUTTI RAUT ...

Advocate for Applicants : Mr. S. B.Yawalkar

CORAM

: A. M. BADAR, J.

DATE :

17th December, 2015 PER COURT :

1.

This is an application for extension of time to deposit amount.

2.

It is seen that by conditional order, this Court, on 29.04.2014, had directed the appellant State to deposit the amount under the award within a period of eight weeks. That period has expired in June, 2014. The reasons stated in the application is to the effect that there was no sanction for amount under the award granted by the State and as such, there is delay. Perusal of the application and particularly para 4 thereof shows that as on date also the State is not in a position to deposit the amount as directed on 29.04.2014. What is being stated is "The applicants submit that necessary steps are being taken". Discretion would have been exercised in favour of the applicants if the applicants had come up with the willingness to deposit the amount within a specified short period. It is not made clear when applicants are going to deposit the amount as 1/2

933.odt directed.

3.

It is seen that the conditional order passed by this Court was not complied within the time limit nor there is specific statement about deposit of amount in time bound manner. The reason so stated is not sufficient. Hence the application is rejected. ( A. M. BADAR, J. ) JPC 2/2