Bombay High CourtCAF/868/2018admittedallwdgrantedrule absolute

Maharashtra Industrial Development Corporation Through Its Chief Executive Officer v. Shobha D/O Bindraban Barsainya @ Shobha W/O V. Kharaiyya Thr. P.O.A. Santoshkumar B. Barsainya

2019-01-23Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2301caf868.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.868/2018 IN FIRST APPEAL ST. NO.23436/2014 Maharashtra Industrial Development Corporation, Amravati through its Chief Executive Officer ...Versus...

Shobha d/o Bindraban Barsainya (After marriage Sau. Shobha w/o Vijaykumar Kharaiyya) 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 Sharad Thakare, Counsel h/f Shri M.M. Agnihotri, Counsel for applicant Shri S.D. Sirpurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 23/01/2019 Heard the learned Counsel for the applicant and the learned Assistant Government Pleader for the respondent nos.2 and 3. None appears for the respondent no.1, though served.

Perused the application. There is a delay of 1134 days caused in filing the first appeal.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed. No order as to costs.

2301caf868.18.odt FIRST APPEAL ST. NO.23436/2014 Heard.

ADMIT.

Call for record and proceedings.

Learned Assistant Government Pleader Shri S.D. Sirpurkar waives service of notice for the respondent nos.2 and 3.

CIVIL APPLICATION (CAF) NO.869/2018 Heard.

The learned Counsel for the applicant submitted that the entire decretal amount will be deposited within three months.

In view of the statement made on behalf of the applicant and subject to depositing the entire decretal amount within three months, there shall be stay to the impugned judgment and award dated 3/6/2011 passed by the Joint Civil Judge, Senior Division, Amravati in Land Acquisition Case No.623/1999, until further orders. JUDGE Wadkar, P.S.