Maha. State Power Generation Co. Ltd., Thr. Exe. Engineer (C), Akola v. Nandlal S/O Arjun Kale And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CAF No.2307/2022 in First Appeal St. No.8506/2020 Mah. State Power Generation Co. ltd, Akola V Nandlal and another ************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

************************************************************************************* Mr N.G. Moharir, Advocate for appellant.

CORAM : ABHAY AHUJA, J.

DATE : 14-10-2022 Heard.

This is an application seeking to substitute the name Maharashtra State Electricity Distribution Company Limited with Maharashtra State Power Generation Company Limited. The learned Counsel would submit that earlier it was the Maharashtra State Electricity Board. However, on 06-06-2005, the M.S.E.B. was trifurcated into three companies viz; (1) Generation Company known as Maharashtra State Power Generation Company Limited,

(2) Transmission Company called as Maharashtra State Electricity Transmission Company Limited and (3) Distribution Company called as Maharashtra State Electricity Distribution Company Limited. He would submit that the land that has been acquired has been acquired for the purposes of the Maharashtra State Power Generation Company Limited. However, in the Reference Court the same was erroneously referred by the claimant as the Maharashtra State Electricity Distribution Company Limited. Now the Appeal is being sought to be filed against the impugned

2/3 decision dated 27-02-2019 of the Reference Court, the name of the appellant is sought to be corrected.

Let the appellant be referred to as the Maharashtra State Power Generation Company Limited.

Amendment to be carried out by the next date. Application stands allowed in the above terms. Civil Application St. No.8509/2020 This is an application seeking condonation of delay of 231 days in preferring the appeal against the judgment and award dated 27-02-2019 passed by the 5th Joint Civil Judge, Senior Division, Akola in LAC No.673/2012. Learned Counsel refers to paragraphs 2 to 7 of the application in support of his contention. Issue notice to the non-applicants, returnable in six weeks.

Civil Application St. No.8508/2020 This is an application seeking stay on the execution of the judgment and award dated 27-02-2019 passed by the 5th Joint Civil Judge, Senior Division, Akola in LAC No.673/2012. Learned Counsel would submit that the entire amount as directed in the impugned decision will be deposited in this Court within a period of six weeks subject to which stay may be granted on the execution of the impugned decision.

Issue notice to the non-applicants, returnable in six

3/3 weeks.

In the meanwhile, let there be a stay on the execution of the judgment and award dated 27-02-2019 passed by the 5th Joint Civil Judge, Senior Division, Akola in LAC No.673/2012 subject to deposit of the amount as above.

List on 25-11-2022.

(Abhay Ahuja, J.) Deshmukh