Bombay High CourtCAF/2986/2015ca disposed off

The Deputy Chie Executive Officer, Midc, Bombay Nagpur v. M/S Modern Pottery Industries, Through Shri. A.H. Hyderbhai S/O A. Subhanbhai And Others

2016-08-22Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf2986.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.2986/2015 IN FIRST APPEAL NO.177/2000 (D) The Deputy Chief Executive Officer, Maharashtra Industrial Development Corporation, Bombay ..VS..

M/s. Modern Pottery Industries, through Shri A.H. Hyderbhai s/o A. Subhanbhai 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 Abdul Subhan, Advocate for the applicant/respondent No.1. Shri M.K. Ramteke, Advocate h/f Shri M.M. Agnihotri, Advocate for the appellant.

Shri M.A. Kadu, A.G.P. for respondent No.3.

CORAM : Z.A.HAQ, J.

DATED : 22.8.2016.

The application is filed by the respondent No.1, seeking permission to withdraw the amount.

Paragraph No.15 of the judgment passed in First Appeal No.177/2000 on 12th March, 2015 reads as follows: "15.

Hence, the following order :- (i) It is held that the respondent no.1 is entitled for compensation at the rate of Rs.5.50/- per Sq. Ft. for 2/3rd of the acquired land i.e. after deducting 1/3rd of the acquired land for development.

(ii) The respondent no.1 will be entitled for the statutory benefits on the amount of compensation. (iii) The respondent no.1 has withdrawn the amount deposited by the appellant with the Registry of this Court. If it is found that the respondent no.1 is entitled for additional amount, the appellant shall pay

2 caf2986.15 the additional amount along with interest at the rate of 12% per annum, the interest being chargeable from the date of the order passed by this Court on 19th March, 2001 till the amount is paid to the respondent no.1, as per the order passed by this Court on 19th March, 2001. If it is found that the respondent no.1 is not entitled for the amount withdrawn by him, then the respondent no.1 shall redeposit the amount withdrawn by him to the extent it is more than his entitlement with interest at the rate of 12% per annum as per the order passed by this Court on 19th March, 2001.

(iv) The order passed by the Reference Court is modified in the above terms.

(v) The appeal is partly allowed.

In the circumstances, the parties to bear their own costs."

The application filed by the respondent No.1 does not refer to the directions recorded in above para. The Advocate for the respondent No.1 seeks permission to withdraw the application with liberty to take appropriate proceedings and file appropriate application, if required. The application is disposed with liberty as prayed for. JUDGE Tambaskar.

3 caf2986.15 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 24.8.2016.

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