Bombay High CourtCAF/2915/2016ca disposed off

The Executive Engineer, Medium Project Division, V.I.D.C., Yavatmal v. Abdul Rashid Abdul Sattar And 2 Others

2016-10-26Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2915.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.2915 OF 2016 IN FIRST APPEAL NO.337 OF 2016 (EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, VIDC, YAVATMAL..VS.. ABDUL RASHID ABDUL SATTAR & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S.Godbole, Advocate for Appellant/Applicant. Shri Amol Darekar, Advocate for Respondent No.1. Ms A.R.Kulkarni, A.G.P. for Respondent Nos.2 & 3. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 26, 2016.

By the order passed on 20-01-2016, interim order was granted in favour of the appellant on condition that the 50% amount as per the impugned award should be deposited within twelve weeks. The appellant could not deposit the aforesaid amount within stipulated period, therefore, the period was extended for another two weeks. However, the appellant could not deposit the amount till date for the reasons mentioned in the application. Now this civil application is filed seeking permission to deposit the amount.

As the respondents will not be prejudiced if the appellant is permitted to deposit the amount, the appellant is permitted to deposit the amount, if deposited within four weeks.

2 caf2915.16 The civil application is disposed in the above terms.

On query, the learned Advocate for the appellant has stated that the interest on the amount of compensation is calculated till 08-08-2014. It is not explained why interest is not calculated on the amount of compensation till today. The concerned official who is responsible for depositing the amount shall deposit Rs.2,000/- (Rupees Two Thousand) before the registry of this Court within four weeks. This amount of Rs.2,000/- (Rupees Two Thousand) be given to the respondent No.1/claimant.

JUDGE RRaut.