Vidc Nagpur Thr. Exe. Engineer, Medium Proj. Division, Yavatmal (Now Proj. Construction Div) And An v. Sudhakar Nagorao Mundhe And Others
1 / 6 918.caf435.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 435 OF 2020 IN FIRST APPEAL (ST) NO. 22545 OF 2018 Vidarbha Irrigation Development Corporation, Nagpur and anr. Vs.
Sudhakar Nagorao Mundhe and Ors.
WITH FIRST APPEAL NO. 1267 OF 2017 FIRST APPEAL NO. 1498 OF 2019 FIRST APPEAL NO. 1646 OF 2019 FIRST APPEAL NO. 946 OF 2018 FIRST APPEAL NO. 214 OF 2021 FIRST APPEAL NO. 953 OF 2017 FIRST APPEAL NO. 1493 OF 2019 FIRST APPEAL NO. 1499 OF 2019 ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
---------------------------------------------------------------------------------------------- Mr. Vinay Dahat, Advocate h/f Mr. J.B. Kasat, Advocate for applicants/appellants in FA (St.) No.22545/2018. Mr. V.D. Darne, Advocate for respondent No.1 in FA (St.) No.22545/2018.
Mr. M.A. Kadu, AGP for respondent Nos. 2 & 3 in FA (St.) No.22545/2018.
Ms. A.S. Athalye, Advocate for appellants/appellants in FA No.214/2021.
Mr. P.S. Kshirsagar, Advocate for respondent No.1 in FA No.214/2021.
Mr. S.K. Bhoyar, Advocate for appellant/applicant in FA No.1493/2019.
CORAM :
ABHAY AHUJA, J.
DATE :
13.09.2022.
2 / 6 918.caf435.2020 Civil Application (CAF) No.435/2020 This is an application seeking condonation of delay of 475 days in filing the appeal against the judgment and award passed by the Joint Civil Judge Senior Division, Yavatmal, in LAC No.416/2012 decided on 19.01.2017.
2.
Mr. Dahat, learned counsel for the appellants/applicants submits that this appeal pertains to an acquisition relating to village Kolambi with respect to the minor irrigation project pursuant to which several lands located in an around village Kolambi have been acquired and in respect of which several first appeals have already been admitted by this Court.
Mr. Darne, learned counsel for the respondent No.1, has no objection, if the delay is condoned and the appeal is registered.
4.
Having heard the learned counsel for the parties and having perused the papers and proceedings, the application is allowed.
5.
The delay of 475 days in filing the appeal is hereby condoned.
3 / 6 918.caf435.2020 6.
The Registry is directed to register the first appeal.
7.
The civil application is allowed in the above terms.
First Appeal (St.) No.22545/2018 Considering the fact that several appeals with respect to the lands acquired under the Kolambi Minor Irrigation Project have already been admitted, the following order is passed:
ORDER
i] Admit.
ii] Registry is directed to call for Record and Proceedings.
iii] Private Paper book along with compilation of documents and evidence be filed within a period of eight weeks.
iv] Let the Memo of Appeal along with compilation of documents and evidence be served on the respondents within a period of eight weeks and an affidavit of service with tangible proof be filed in this Court.
4 / 6 918.caf435.2020 2.
Mr. Darne, learned counsel waives service of notice on behalf of respondent No.1. Mr.M.A. Kadu, learned AGP waives service of notice on behalf of respondent Nos.2 and 3.
List on 10.11.2022.
Civil Application (CAF) No. 983/2022 By this application, the respondent No.1 is seeking to withdraw the amount deposited in the Registry of this Court on 31.08.2020 by the appellants.
2.
Mr. Dahat, learned counsel for the appellants/applicants has drawn attention of this Court to paragraph 4 of the application and submits that the applicants are in dire need to recommence their business, which has been stopped in view of the circumstances relating to the Covid-19 Pandemic. In view of the financial crisis and the need for money, he urges this Court that the application be allowed and the applicants be permitted to withdraw an amount of Rs.11,64,403/- along with interest
5 / 6 918.caf435.2020 accrued thereon, on the terms and conditions that may be imposed by this Court.
Mr. Darne, learned counsel for the respondent No.1 submits that withdrawal may be allowed only up to 50% of the amount deposited in this Court, subject to solvent surety/security. He further submits that the balance 50% amount can be retained with this Court till the final disposal of the appeal.
4.
Having heard the learned counsel for the parties and having perused the application and after considering the exigent circumstances of the applicant, the following order is passed:
(a) 50% of the aforesaid amount is allowed to be withdrawn by the respondent No.1 upon furnishing of solvent surety/security;
(b) The balance 50% of the amount is allowed to be withdrawn by the respondent No.1 upon furnishing the usual undertaking that in the event, the appeal is allowed, the respondent No.1 shall refund the amount
6 / 6 918.caf435.2020 withdrawn with interest to the appellants/applicants.
5.
The civil application is allowed in the above terms.
JUDGE Signed By:PRITY S GABHANE Reason:
Location: