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Bombay High CourtCAO/1975/2018admittedallwdgrantedrule absolute

V. I. D. C. Through Its Executive Engineer, Project Construction Division, Yavatmal And Another v. Kashinath Bhujappa Zade And 2 Others

2018-10-30Hon'Ble Shri Justice V.M. Deshpande2 pages

cao1975.18 44

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAO NO.1975/2018 IN CAF NO.1829/2018 IN FA ST.NO.120/2018 VIDC, thr. its Exe. Engr. Yavatmal Project Construction Division, Yavatmal and anr ..vs..

Kashinath Bhujappa Zade and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri Vinay Dahat, Counsel for the applicants. Shri I.J. Damle, AGP for non-applicant Nos.2 & 3.

CORAM

: V.M. DESHPANDE, J.

DATED : OCTOBER 30, 2018.

1.

This is an application for extension of time to deposit decretal amount.

2.

On 29.6.2018, an order was passed on Civil Application St.No.124/2018 whereby subject to applicants/appellants depositing entire amount of compensation as awarded by the Reference Court within a period of 12 from the said date, Stay was granted in favour of the applicants/appellants and the said application was disposed of.

Though the applicants/appellants were to deposit the amount within the stipulated period, the same could not be done. Therefore, the present application is moved.

3.

By moving the present application, the applicants/appellants are making a prayer that time be .....2/-

cao1975.18 44 extended by a further period of 8 weeks from today. 4.

I have heard learned counsel Shri Vinay Dahat for the applicants/appellants and learned Assistant Government Pleader Shri I.J. Damle for nonapplicant Nos.2 and 3. Though served, nobody has put appearance for non-applicant No.1.

5.

For the reasons stated in the application, the application is allowed. Time as prayed for is extended by a further period of 8 weeks from today to deposit decretal amount.

6.

Till then, there shall be Stay as granted on 29.6.2018.

7.

It is made clear that if within a period of 8 weeks from today the decretal amount is not deposited before this Court, not only the Stay granted shall stand vacated automatically but also the applicants/appellants will have to deposit costs of Rs.50,000/- (rupees fifty thousand only) with the High Court Legal Services Sub Committee at Nagpur.

8.

With this, the civil application stands disposed of as such.

JUDGE !! BRW !!

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