Bombay High CourtCAF/2848/2016ca disposed off

The Executive Engineer, Bembla Project Division, Vidc Yavatmal v. Vijay Sheshrao Hotey And Others

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

1 caf2848.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.2848 OF 2016 IN FIRST APPEAL NO.541 OF 2016 (EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, VIDC, YAVATMAL..VS.. VIJAY SHESHRAO HOTEY & 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 A.B.Nakshane, 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 23-12-2015, interim order was granted in favour of the appellant on condition that the amount as per the impugned award should be deposited within twelve weeks. The amount was not deposited and therefore, Civil Application No.3448/2015 praying for interim order was dismissed for noncompliance of order dated 23-12-2015. 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.

The civil application is disposed in the above terms.

2 caf2848.16 On query, the learned Advocate for the appellant has stated that the interest on the amount of compensation is calculated till 17-12-2015. 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.