Bombay High CourtCAF/2382/2019dismissedrule discharged

Maharashtra Industrial Development Corporation Through Its Chief Executive Officer, Amravati. v. Abdul Hussain Hamjabhai And Others

2019-11-11Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar,Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2382.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO. 2382/2019 IN FIRST APPEAL NO. 1160/2016 MIDC ..VS..

Abdul Hussain Hamjabhai & ors.

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

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. Thakre, Adv h/f Shri M.M. Agnihotri, Adv for the appellant Shri S.C. Mehadia, Advocate for the respondent nos. 1 to 6 Ms. S. Jachak, APP for the respondent/State CORAM : Z.A.HAQ & M.G.GIRATKAR, JJ.

DATED : 11/11/2019 By this application, the respondents - claimants pray that the appellant - Corporation be directed to deposit the balance amount as per the impugned award. By the order dated 11/01/2017, after hearing the advocates for the appellant - Corporation and respondent - claimants, this Court passed reasoned order directing the appellant - Corporation to deposit 60% of the amount of compensation within 12 weeks from the date of the order. Accordingly, the appellant - Corporation has deposited the amount.

Considering the fact that reasoned order came to be passed on 11/01/2017 on the point, in our view, the prayer made in this application cannot be considered, at this stage.

Hence, the civil application is dismissed.

2 caf2382.19 CIVIL APPLICATION (F) NO. 2383/2019 By the order dated 11/01/2017, this Court permitted the claimants to withdraw 50% of the amount on furnishing solvent surety/security.

By this application, the respondents - claimants have prayed that they be permitted to withdraw the amount deposited by the appellant - Corporation as per the order dated 11/01/2017.

In view of the order dated 11/01/2017, the prayer made in this civil application by the respondents - claimants seeking permission to withdraw the entire amount deposited by the appellant - Corporation cannot be granted. The respondents - claimants will be at liberty to withdraw 50% of the amount on furnishing solvent surety/security as permitted by the order dated 11/01/2017. With the above observations, the civil application is dismissed.

JUDGE JUDGE ANSARI