V. I. D. C. Through Executive Engineer, Bembla Project Division, Yavatmal v. Ashok Pannalal Darda (Dead) Through Lrs. Saroj Ashok Darda And Others

933.FAST.16724.2019.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.3924 of 2019 IN First Appeal Stamp No.16724 of 2019 V.I.D.C. thr. Executive Engineer, Bembla Project Division, Yavatmal Vs. Ashok Pannalal Darda (Dead) thr. L.Rs. & Ors.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.M. Kukday, Advocate for the Appellant. Shri S.V. Ingole, Advocate for Respondent Nos.1 to 4. Shri M.A. Kadu, AGP for Respondent Nos.5 and 6. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 29 th JANUARY, 2021.

The applicant has sought to condone the delay of 466 days in challenging the judgment and award dated 05/12/2017 passed by the Reference Court in L.A.C. No.414/2006.

In view of the reasons stated in the application, delay is condoned, subject to costs of Rs.5,000/- (Rupees Five Thousand Only) to be paid to High Court Bar Association, Nagpur within a period of two weeks.

The civil application stands disposed of.

Appeal be registered after removing office objections, if any.

Civil Application (CAF) NO.3925/2019 Learned counsel for the applicant states that the entire amount of compensation has been deposited before this Court. Learned counsel for respondent Nos.1 to 4 disputes the said statement and states that as per his calculation, an amount of

933.FAST.16724.2019.

2/2 Rs.40,00,000/- approximately is required to be deposited. Learned counsel for the appellant to file the calculation sheet. However, considering the fact that part of the compensation has been deposited, execution of the impugned judgment and award is stayed till the next date.

Stand over to 12/02/2021.

Civil Application (CAF) NO.153/2021 The respondent Nos.1 to 4, who are the original claimants before the Reference Court, have filed this application to withdraw the amount deposited by the acquiring body. In view of the reasons stated in the application, the respondent Nos.1 to 4 are permitted to withdraw 75% of the amount deposited by the appellant in equal proportion along with proportionate interest. 50% of the said amount be paid without any undertaking and balance 25% subject to furnishing usual undertaking before the Registrar (Judicial).

First Appeal Stamp No.

16724 of 201 Heard. Arguable points are raised. Hence, admit. Shri S.V. Ingole, learned counsel waives service of notice on behalf of respondent Nos.1 to 4 and Shri M.A. Kadu, learned AGP waives service of notice on behalf of respondent Nos.5 and 6. Call for the record and proceedings.

Private paper-book to be filed within six months. (SMT. ANUJA PRABHUDESSAI, J.) vijay