Bombay High CourtCAF/1763/2018admittedallwdgrantedrule absolute

Indian Airport Authority, (Kamtha) Through Authorized Officer, Gondia v. State Of Maharashtra Through Collector, Gondia And Others

2019-04-23Hon'Ble Mrs. Justice Swapna Joshi2 pages

CAF.1763.18+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 1763/2018 AND CAO NO. 567/2019 IN FIRST APPEAL (ST) NO.9691/2018 (Indian Airport Authority vs. State of Maharashtra and others ) ........................................................................................................... ........................................

Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .......................................................................................................................................... Ms. Vaishali Khadekar, Advocate for the appellant Mr M.J.Khan, AGP for respondent-State Mr R.M.Pande, Adv. for LRs of Respondent no.3 ` C ORAM : MRS. SWAPNA JOSHI, J.

D ATED : 23rd April, 2019.

This is an application seeking condonation of delay of 66 days in filing the Appeal.

Heard both sides. Perused the contents of the Application. On a perusal of the same, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay. In view thereof, the delay in filing the Appeal is condoned. The Civil application is allowed and disposed of. The appeal be registered.

CA(O) 567/2019.

This is an application filed by legal heirs of respondent no.3 seeking permission to withdraw the amount deposited by the appellant with the Registry of this Court,.

Learned counsel for the other side, have no objection for the same.

CAF.1763.18+.odt The legal representatives of the respondent no.3 are allowed to withdraw 50% of the deposited amount in this Court. For 25% of the amount, the respondents shall furnish usual undertaking before Registrar (Judicial) of this Court and for 25% amount solvent surety to the satisfaction of Registrar (Judicial) of this Court be furnished, whereas rest of the amount shall be deposited in fixed deposit of any nationalised bank initially for a period of three years. The Application is allowed accordingly and disposed of. First Appeal:

Heard Admit.

Call R & P.

Respective counsel waives service.

JUDGE sahare