Maharashtra Industrial Development Corporation Thr Divisional Officer Div. Office, Latur v. Shaikh Farid Gulab Shaikh And ORS

1 15-CA-13583-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 CIVIL APPLICATION NO. 13583/2017 MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION THR DIVISIONAL OFFICER DIV. OFFICE

VERSUS

SHAIKH FARID GULAB SHAIKH AND ORS ...

Advocate for Applicant : Dande Shrirang S.

AGP for Respondent State : Mr. A.M. Phule Advocate for Respondent -original claimant : Mr. G.N. Kulkarni ..

WITH CIVIL APPLICATION NO. 13982 OF 2017 IN FAST/26443/2016 ...

CORAM : K.K. SONAWANE, J.

DATED : 23RD NOVEMBER, 2017.

Order :- 1.

Heard learned counsel for applicant - MIDC Acquiring Body and learned counsel for respondents - original claimants and learned AGP for the State. Learned counsel for applicant submits that respondent No. 2 Shaikh Allabaksh Gulab Shaikh is no more and the applicant is intending to bring his L.Rs. on record, but there is delay. Therefore, he prayed to condone the delay and also for setting aside the dismissal of proceedings against respondent No. 2 and allow the applicants to bring his L.Rs. on record.

2.

In view of nature of submission and reasons mentioned the application stands allowed in terms of prayer clauses "A and B" of respective applications. The delay caused in filing the

2 15-CA-13583-17 applications for bringing L.Rs. of respondent No. 2 on record stands condoned and dismissal of the proceeding against deceased respondent No. 2 is hereby quashed and set aside. The appellant -Acquiring Body is hereby permitted to bring on record the L.Rs. of the deceased on record by necessary amendment within two weeks from today.

3.

After amendment list the matter for further process in due course.

[ K. K. SONAWANE ] JUDGE MTK.