Bombay High CourtCAF/744/2018admittedallwdgrantedrule absolute

Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer, Amravati v. Mukund Pundlik Polade And 2 Others

2019-02-18Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

20caf744.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 744/2018 IN FIRST APPEAL STAMP NO.11978/2012 M.I.D.C., Amravati through its Chief Executive Officer V/s Mukund Pundlik Polade and others.

-------------------------------------------------------------------------------------------------------------------------------- - Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri R.M. Badar, counsel h/f Shri M.M. Agnihotri, counsel for the applicant/appellant.

Shri A.B. Nakshane, counsel for the respondent no.1. Ms Geeta Tiwari, AGP for the respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 18-02-2019.

Heard learned counsel for the parties.

Perused the application. There is delay of 103 days in filing the first appeal. Considering the reasons stated in the application, delay is condoned. Civil application is allowed.

FIRST APPEAL STAMP NO. 11978/2012 Heard.

Admit.

Call record and proceedings.

Shri A.B. Nakshane, learned counsel waives notice for the respondent No.1.

Ms Geeta Tiwari, learned AGP waives notice for

20caf744.18.odt 2 the respondent Nos. 2 and 3.

CIVIL APPLICATION (CAF) NO. 745/2018.

Heard learned counsel for the applicant / appellant.

Learned counsel for the applicant / appellant has submitted that the entire amount of compensation has already deposited before learned Reference Court and prays that the execution of impugned order be stayed. In view of the statement made by the learned counsel for the applicant/appellant, the impugned judgment and award dated 07/12/2011 passed by the 2nd Joint Civil Judge, Senior Division, Yavatmal in Land Acquisition Case No. 07/2000 is hereby stayed, until further orders. JUDGE rkn