V.I.D.C. Through Its Executive Engineer, Yavatmal Project Constructions Divison v. Sopan Undru Fulzele (Deceased) Kishor Sopan Fulzele And Others

35.caf.678.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.678 OF 2022 IN FIRST APPEAL NO.319 OF 2022 (V.I.D.C. Vs. Sopan Undru Fulzele (dead) thr. L.R's and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms A.S. Athalye, Advocate for the appellant.

Shri A.B. Nakshane, Advocate for respondent No.2. Ms. Haider, AGP for respondent Nos.3 and 4/State. CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JANUARY 09, 2023.

Heard.

2.

By this appeal, the appellant has challenged the judgment and award passed by the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority on 31/03/2021.

3.

By order dated 23/09/2022, this Court has directed the appellant to deposit the entire decretal amount within a period of eight weeks. However, appellant has not deposited the amount and sought time. 4.

Learned Counsel for the appellant submitted that now the cheque of amount of Rs.8,81,000/- is ready with her and rest of the amount i.e. Rs.12,86,596/- is received by the online transaction however, there is no provision in the High Court to deposit the amount by online transaction. She submitted that she will deposit the entire amount within two weeks as mentioned above.

35.caf.678.22.odt 5.

In view of the statement made by the learned Counsel for the appellant, the effect and operation of the impugned judgment is stayed on condition that the appellant shall deposit the amount within a period of two weeks. On failure to deposit the amount, the stay granted will automatically vacated without further reference to the Court.

6.

The civil application is disposed of.

7.

The Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority shall accept the amount.

FIRST APPEAL NO.

Heard.

2.

Call for Record and Proceedings.

3.

The appellant shall file private paper book within a period of six weeks after receipt of R. and P. 4.

Stand over to 24/01/2023.

(URMILA JOSHI-PHALKE, J.) *Divya Signed By:DIVYA SONU BALDWA Personal Assistant