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Bombay High CourtCA/775/2023disposed off

Narayan Sakharam Chavan (Dead) Thr Lrs. Bhagwan Narayan Chavan And ORS v. The M.K.V.D.C., Thr Exe. Engineer, Osmanabad Med. Pro., Osmanabad And ANR

2023-06-13Hon'Ble Shri Justice Sandipkumar C. More4 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 771 OF 2023 IN FIRST APPEAL ST. NO. 2961 OF 2021 WITH CIVIL APPLICATION NO. 774 OF 2023 IN FIRST APPEAL ST. NO. 2966 OF 2021 WITH CIVIL APPLICATION NO. 775 OF 2023 IN FIRST APPEAL ST. NO. 2782 OF 2021 Mr. S. E. Shekade, advocate for the Applicants Mr. A. M. Gaikwad, advocate for Respondent No.1. Mr. S. N. Kendre, AGP for Respondent No.2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th June, 2023.

PC :

Heard rival submissions.

The applicants are seeking withdrawal of their respective amounts of compensation in all these applications. The acquiring body has deposited 50% of the compensation amounts in these matters. There appears dispute between the rival parties as to whether exact 50% amounts of compensation are deposited. However, this Court, vide order dated 10th April, 2023, has already permitted the other

{2} applicants in the connected matters to withdraw whatever amounts deposited.

In view of the same, the applicants herein are permitted to withdraw the entire deposited amounts of compensation along with interest accrued thereon by furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. The offce is directed to distribute the aforesaid amounts to the respective applicants as mentioned in para no.10 of these Applications.

Civil Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1867 OF 2021 IN FIRST APPEAL ST. NO. 2782 OF 2021 WITH CIVIL APPLICATION NO. 1869 OF 2021 IN FIRST APPEAL ST. NO. 2954 OF 2021 WITH CIVIL APPLICATION NO. 1871 OF 2021 IN FIRST APPEAL ST. NO. 2961 OF 2021 WITH CIVIL APPLICATION NO. 1873 OF 2021 IN FIRST APPEAL ST. NO. 2966 OF 2021 Mr. A. M. Gaikwad, advocate for the applicant. Mr. S. E. Shekade, advocate for Respondents No.1 to 4. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th June, 2023.

PC :

Heard rival submissions.

The applicant-acquiring body is seeking condonation of delay of 528 days, in all these applications, which appears to be caused due to obtaining approvals at various stages. There is no strong objection from the respondents-claimants.

Hence, by considering the statutory right of the

{4} applicant, delay of 528 days stands condoned. Appeals be placed for admission after removal of offce objections, if any.

Civil Applications stand disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb