Maharashtra Industrial Development Corporation Through Its Chief Executive Officer, Amravati. v. Smt. Pramila Sheshrao Hage, Dead Through Lrs Sudhir Sheshrao Hage

caf 1014.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1014 OF 2020 in FIRST APPEAL NO. 293 OF 2018 Maharashtra Industrial Development Corporation Vs.

Smt. Pramila Sheshrao Hage (Dead) and ors.

----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri M.M. Agnihotri, Advocate for the appellant Shri A.S. Mehadia, Advocate for respondent nos. 1 (i) to (v) Mrs. S.Z. Haider, AGP for respondent no. 2.

CORAM : M. G. GIRATKAR, J.

DATE : 10/09/2020 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Heard Shri Mehadia, learned Counsel for the respondent nos. 1(i) to (v). He has submitted that this Court has passed order on 02.08.2019, by which respondent nos. 2 to 5 Respondent No.1-i-a (Shobha Sudhir Hage), Respondent No.1-i-b (Prasad Sudhir Patil), 1-i-c (Aarti Sudhir Patil), 1-ii (Arun Sheshrao Patil), 1-iv (Sudha Rameshwar Mhaisane) and 1-v (Vandana Keshaorao Marke) are permitted to withdraw 50 per cent of amount deposited by the appellant before this Court on usual undertaking and 25 per cent on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court.

caf 1014.2020.odt Learned Counsel Shri Mehadia has submitted that respondent no. 1 - Smt. Pramila Sheshrao Hage and respondent no. 1(i) - Sudhir Sheshrao Hage are died and respondent nos. 1-i-(a), 1-i-(b), 1-i-(c), 1(ii), 1(iii) and 1(iv) are legal heirs of the deceased respondents. Therefore, order be corrected.

Heard Shri Agnihotri, learned Counsel for the appellant. He has no objection.

In view of the submission of Shri Mehadia, order dated 02.08.2019 is corrected as under:

"The Applicants/Respondent nos. 1-i-(a), 1-i-(b), 1-i-(c), 1(ii), 1(iii) and 1(iv) are permitted to withdraw 50% of amount deposited by the appellant before this Court on usual undertaking and 25% on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court".

Accordingly, the application is disposed of.

Appeal is of the year 2018 in respect of land acquisition by the M.I.D.C.. R.&P is received. List this appeal for final hearing on 14.09.2020.

JUDGE SMGate