Dileep Balkrishna Nevatia v. Maniram S/O Jaipal Yesne And Others

2024:BHC-NAG:12810 8-WP-7212-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 7212 OF 2019 (Dileep Balkrishna Nevatia Vs. Maniram s/o Jaipal Yesne & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

None for the petitioner.

Ms A.P. Murrey h/f Mr. S.B. Dhande, Counsel for respondent nos. 1 to 4, 6 to 12 and 14 to 33. .....

CORAM : ANIL L. PANSARE, J.

NOVEMBER 26, 2024 On previous date, following order was passed :

"On 13-10-2022, following order was passed.

"List the matter on 18.11.2022, by which time Mr. Joshi, learned counsel for the petitioner shall try to work out the quantum of compensation payable on the basis of Ann-12 annexed to the Pursis St. No. 4/2022 and make a statement to the Court in that regard." As could be seen, the petitioner was directed to work out the quantum of compensation payable on the basis of Annexure - 12 annexed to the pursis filed by the respondents and to make a statement before the Court in this regard.

2.

In response, the petitioner has filed affidavit. Learned counsel for the petitioner initially made an attempt to submit that Annexure - 12 is a document which is not part of the present proceedings and, therefore, the petitioner was not in a position to work out the quantum of compensation. However, the respondents' counsel has submitted that Annexure - 12 is a document submitted by the petitioner's counsel in Complaint ULP No. 693/2000 which, though does not pertain to

8-WP-7212-2019 the proceedings under question, is a document filed and relied by the petitioner.

3.

In my view, this document cannot be said to be document not belonging to the petitioner company. The petitioner, therefore, ought to have worked out the quantum of compensation payable on the basis of said annexure as directed by this Court.

4.

At this stage, learned counsel for the petitioner seeks time to do so. Time is granted. The petitioner, however, shall deposit an amount of Rs. 50,000/- to show bona fide in his approach in complying with the order dated 13-10-2022. The amount be deposited by 24-10-2024, failing which, the petition shall stand dismissed for non-compliance of the order.

5.

If the amount is deposited, list the petition in the week commencing from 18-112024." 2] The petitioner has not deposited amount of Rs.50,000/-, as directed. None appears for the petitioner today.

3] The petition stands dismissed in terms of order dated 14/10/2024.

4] The Registry shall proceed to recover the amount as land revenue.

(ANIL L. PANSARE, J.) Sumit