Maha. State Power Generation Co. Ltd., Thr. Its General Manager, Paras, Akola v. Kazi Akiloddin S/O Sujaoddin And Others

1 caf2101.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2101/2024 IN FIRST APPEAL STAMP NO.

6299/2024 (Maharashtra State Electricity Generation Co. Ltd. Vs. Kazi Akiloddin s/o Sujaoddin and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.G. Moharir, Advocate for the applicant. Mr. N.M. Kolhe, Advocate for non-applicant Nos.1 and 2. Mr. Amit Madiwale, A.G.P. for non-applicant Nos.3 to 5.

CORAM:

VINAY JOSHI & MRS.VRUSHALI V. JOSHI, JJ .

DATED:

9.8.2024.

Heard.

2.

The applicant's learned Counsel would submit that due to procedural lapses unintentional delay has occurred. Having regard to the nature of challenge, for giving fair chance to contest on merit, delay stands condoned. Application is disposed of.

FIRST APPEAL STAMP NO.6299/2024 3.

Heard.

4.

Admit.

5.

Call R & P.

CIVIL APPLICATION (CAF) NO.2102/2024 6.

The appellant's learned Counsel would submit that as per the decree appellant acquiring body has deposited the entire decretal amount of Rs.2,08,25,625/- in executing Court which has already been withdrawn by the claimants i.e. respondent Nos.1 and 2. It is submitted that claimants have withdrawn the amount in executing Court stating that due

2 caf2101.2024 amount is more than Seven Crores. It is informed that executing Court has issued attachment warrant returnable on 13.8.2024.

7.

Both parties shall provide their calculations as per the ward passed by the Authority under Section 64 of the Act. 8.

Stand over to 23.8.2024.

9.

Execution is stayed till next date.

(MRS.VRUSHALI V.JOSHI, J.) (VINAY JOSHI, J.) Tambaskar.