Vijaysinha Babarao Misal (Died) Thr. Lrs Shobha Vijaysinha Misal And ORS v. The State Of Maharashtra, Through The Collector, Osmanabad

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 CIVIL APPLICATION NO. 9611 OF 2024 IN FA/2996/2021 WITH FIRST APPEAL NO. 2998 OF 2021 WITH CIVIL APPLICATION NO. 12903 OF 2021 IN FA/2998/2021 WITH CIVIL APPLICATION NO. 9607 OF 2024 IN FA/3000/2021 WITH CIVIL APPLICATION NO. 9610 OF 2024 IN FA/2997/2021 WITH CIVIL APPLICATION NO. 958 OF 2025 IN FA/2999/2021 WITH CIVIL APPLICATION NO. 956 OF 2025 IN FA/2999/2021 Vaibhav Govind Mane ....Applicant

VERSUS

The State Of Maharashtra, Through The Collector, Osmanabad And Ors .....Respondents .....

Advocate for Applicants : Mr. Akash E. Madne h/f Mr. A. B. Kale Advocate for Respondent No.3 : Mr. S. G. Bhalerao ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 28 JANUARY, 2025

(2) ORDER:- IN CIVIL APPLICATION NO. 956 of 2025 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record, being the legal representatives of deceased respondent No.1 Vijaysingh Babarao Misal, i.e. the claimant, who admittedly died on 20/07/2017, by condoning the delay of 2618 days. 3.

Though there appears delay, but it was for the appellant/Acquiring Body to bring the legal representatives of deceased respondent No.1 on record. In view of the same, there is no question of condoning the delay at the instance of present applicant. As such, the application stands allowed in terms of prayer clause 'B'. The appellant/Acquiring Body to carry out the amendment within stipulated period.

2.

Application is disposed of accordingly.

IN CIVIL APPLICATION NOS. 958 OF 2025, 9611 OF 2024, 958 OF 2025 9610 OF 2024, 9607 OF 2024 1.

Heard rival submissions.

2.

All the applicants/claimants in these applications are seeking withdrawal of their respective amounts of compensation which are deposited by the appellant/Insurance Company. The learned counsel holding for Mr. Kale, relied on

(3) the orders of this Court in other similar matters wherein the claimants therein were permitted to withdraw 75% of the total amount of compensation. As such, in the present applications also the respective applicants/claimants are permitted to withdraw 75% of the deposited amounts of compensation along with the proportionate interest accrued thereon by filing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

3.

The balance amount be invested in the fixed deposit as per rules.

4.

Applications are disposed of.

IN CIVIL APPLICATION NO. 12903 of 2021 1.

It appears that the appellants/Acquiring Body has deposited the entire amount of compensation. As such, the the application for stay stands disposed of. (SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni