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Bombay High CourtFA/558/2018disposed offdismissed for default

Executive Engineer, Lower Dudhna Project Division, Sailu Now Jalna Irrigation Div., Jalna And ORS v. Ganpat Dnyanoba Kadam

2019-03-17Shri Justice J P Devadhar2 pages

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI HELD ON 17TH MARCH, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 79 FIRST APPEAL NO.557 OF 2018 WITH FA/558/2018 EXECUTIVE ENGINEER, LOWER DUDHNA PROJECT DIVISION, SAILU NOW JALNA IRRIGATION DIVTHE COURT OF LOK ADALAT

VERSUS

DNYNOBA RAMBHAU KADAM ...

O R D E R

Learned Advocate Mr. B.R. Survase for the appellant/acquiring body is present. Mr. P.B. Jadhav, Executive Engineer, Jalna Irrigation Division, Jalna is also present. Learned Advocate Mr. K.M. More instructed by Mr. S.S. Randive for the respondent is also present. Pursis has been filed by them. It is marked as Exh.'X'.

In view of the said compromise the appeals are disposed of as withdrawn.

Award/Decree be drawn up in terms of the compromise. In view of the compromise refund of Court fees would be as per rules.

FA_557_2018 Deficit Court fee, if any, be paid forthwith. Pending Civil Applications, if any, be disposed of. Statement is also made that 75% amount is already withdrawn by the claimants. In view of the fact that interest is to be calculated as per the decision of the Full Bench in State of Maharashtra vs. Kailash Shiva Rangari [2016(4) ALL M.R. 513 (F.B.)] and The State of Maharashtra and others vs. Ramesh Tukaram Meshram and others [2018(1) ALL M.R. 645]. Remaining amount, if any, towards claimants, be given to the claimants and if there is excess amount, then it should be refunded to the acquiring body along with interest accrued. (K.B. Choudhari) (V.B. Mantri) (Smt. Vibha Kankanwadi, J.) Advocate D.J. (Retd.) Head of the Panel.

Member Member Date :17.03.2019.

Place : Aurangabad.

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