Bombay High CourtCA/17189/2022delay condonatedrejected

The State Of Maharashtra Thr Dy.Commissioner Of Excise Abkari Bhavan v. Walabai Kisan Rathod And Others

2023-10-20Hon'Ble Shri Justice Arun R. Pedneker3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO.12765 OF 2023 IN FAST/33801/2022 WITH CA/17189/2022 IN FAST/33801/2022 WITH CA/17190/2022 IN FAST/33801/2022 WALABAI KISAN RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH DY COMMISSIONER OF EXCISE ...

Advocate for Applicants : Mr.S.B.Choudhari AGP for Respondent-State : Mr.B.V.Virdhe Advocate for Respondent no.4 : Mr.S.S.Patil h/f. Mr.R.H.Dahat ...

CORAM :ARUN R. PEDNEKER, J.

DATE :20.10.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT The present Civil Application is filed for withdrawal of the amount deposited by the appellants in this Court.

Heard the learned counsel for the parties.

3] Without going into the merits of the matter, the Tribunal having granted compensation to the original claimants, I deem it appropriate to permit the applicant to withdraw 50% of the amount of compensation deposited in this Court along with accrued interest thereon till date subject to furnishing usual undertaking to the satisfaction of the Registrar [J.] of this Court. Civil Application is disposed of accordingly.

B] ORDER IN CIVIL APPLICATION FOR DELAY The present Civil Application is filed to condone the delay of 1169 days in filing the First Appeal. For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Appeal be registered. Civil Application is disposed of accordingly. C] ORDER IN CIVIL APPLICATION FOR STAY Since the applicant - appellant has deposited entire award amount in this Court, the interim stay granted by this Court stands confirmed. Civil Application is disposed of accordingly.

D] ORDER IN FIRST APPEAL

First Appeal is admitted.

On admission, Mr.Manoj V. Shelke, learned counsel waives notice for respondent no.3. Mr.R.H.Dahat, learned counsel waives notice for respondent no.4. Mr.S.B.Chaudhari, learned counsel waives notice for respondent no.1.

3] Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC