Shivaji Bhanudas Pardhi v. The Executive Engineer, Majalgaon Canal Division No 10 Parbhani Under Gmidc Aurangabad And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO.16175 OF 2016 IN FAST/21861/2016 WITH CA/11417/2016 IN FAST/21861/2016 WITH CA/11418/2016 IN FAST/21861/2016 SHIVAJI BHANUDAS PARDHI

VERSUS

THE EXECUTIVE ENGINEER, MAJALGAON CANAL DIVISION NO 10 PARBHANI UNDER GMIDC AURAN ...

Advocate for Applicant : Mr.Vijay Jogdand, Adv. h/for Mr. Bhise Vitthal D.

R.C. Patil, Adv. For R/1 (undertaking Given) Mr. SP Sonpawale, AGP for Respondent-2.

----- CORAM : P.R.BORA, J.

DATE :

st June,2017.

PER COURT :

1) Heard. Having regard to the averments in the applications for withdrawal of the amount, the applicants in respective applications are permitted to withdraw 70% of the deposited amount on submitting an undertaking that in the event any adverse order is passed against them, they will re-deposit the said amount within four weeks of passing such

order.

Balance 30% amount be invested in Fixed Deposit Receipt of any Nationalized Bank, initially for a period of two years and if so required for further period till disposal of the appeal;

Civil Application stands disposed of in above terms.

2) Heard CA on condonation of delay. For the reasons stated in the application, which according to me are just and sufficient, delay caused of 285 days in filing the appeal is condoned. The appeal be registered in accordance with law. CA for condnation of delay stands disposed of.

3) On registration of the appeal, issue notice to respondents. Learned Counsel waive service for respective Respondents. Call R and P. Place the matter for admission after two weeks. 4) In view of the fact that the acquiring body has deposited the entire amount of

compensation, the interim stay granted by this Court vide order dated 7th October, 2016, is made absolute. CA for stay disposed of.

(P.R.BORA,J.) bdv/