The State Of Maharashtra And Others v. M/S. Balaji Construction Thro. Proprietor-Baba M. Mohite

1 6 - S.A. 483.2014 - operative order

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 SECOND APPEAL NO.483 OF 2019 THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

M/S. BALAJI CONSTRUCTION THRO.

PROPRIETOR-BABA M. MOHITE ......

Mr. A.P.Basarkar, A.G.P. for Appellants.

Mr. V.V.Manale, Advocate for Respondent.

......

CORAM : V.L.ACHLIYA, J.

DATE : 02/12/2019 ......

For the reasons to be recorded separately, the following order is passed.

OPRATIVE ORDER [i] The Appeal is allowed. Parties to bear their respective cost.

[ii] The impugned order dated 04/08/2018 passed in Civil Misc. Application No. 34/2016 [The State of Maharashtra and Others Vs. M/s Balaji Construction] by District Judge-3, Sangamner, District Ahmednagar is set aside.

[iii] The Civil Misc. Application No. 34/2016 is allowed. Delay caused in filing Appeal is condoned. The Appeal be registered.

[iv] The appellants and respondent are directed to appear before the first Appellate Court on 06/01/2020. On appearance of parties, the First Appellate Court is directed to fix the date for final hearing of Appeal and then decide the

2 6 - S.A. 483.2014 - operative order Appeal as expeditiously as possible and preferably within 8 weeks from the date of appearance of parties.

[v] The amount of Rs. 5,47,401/- deposited by appellant pursuant to the Order dated 25/09/2019 shall be subject to out-come of decision in Appeal by First Appellate Court.

[vi] Decree be drawn accordingly.

[V.L.ACHLIYA] JUDGE KNP