Bombay High CourtCAF/2995/2015admittedallwdgrantedrule absolute

Maharashtra Industrial Development Corporation Through Its Chief Executive Officer, Amravati. v. Uttam Mari Shirsat, Dead Through Lrs Panchafulabai Wd/O Uttam Shirsat And Others

2019-04-30Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

3004caf2995.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2995/2015 IN FIRST APPEAL ST. NO.17120/2015 Maharashtra Industrial Development Corporation, through its Chief Executive Officer, Amravati.

...Versus...

Uttam Mari Shirsat (Dead) through L.Rs. Panchafulabai wd/o Uttam Shirsat and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sharad Thakare, Counsel h/f Shri M.M. Agnihotri, Counsel for applicant None for respondent nos.1 (1) to 1 (4) Smt. Hemlata Jaipurkar, AGP for respondent no.2 CORAM : ARUN D. UPADHYE, J.

DATE : 30/04/2019 Heard learned Counsel for the applicant and learned Assistant Government Pleader for the respondent no.2. None appears for the respondent nos.1 (1) to 1 (4), though served.

Perused the application. There is a delay of 366 days caused in filing the first appeal.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed and disposed of accordingly. No order as to costs.

3004caf2995.15.odt FIRST APPEAL ST. NO.17120/2015 Heard learned Counsel for the applicant and learned Assistant Government Pleader for the respondent no.2. None appears for the respondent nos.1 (1) to 1 (4), though served.

ADMIT.

Call for record and proceedings.

Learned Assistant Government Pleader Smt. Hemlata Jaipurkar waives service of notice for the respondent no.2.

CIVIL APPLICATION (CAF) NO.2996/2015 The learned Counsel for the applicant has submitted that the entire amount of compensation would be deposited in this Court within eight weeks.

In view of the statement made on behalf of the applicant, permission to deposit the entire amount of compensation in this Court within eight weeks is granted. The impugned judgment and award 5/4/2014 passed by the Civil Judge, Senior Division, Akola in Land Acquisition Case No.536/1997 is hereby stayed until further orders.

JUDGE Wadkar, P.S.