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Bombay High CourtCAO/1976/2018admittedallwdgrantedrule absolute

V. I. D. C. Through Executive Engineer, Project Construction, Yavatmal And Another v. Radheshyam Chaturbhuj Bajaj And 2 Others

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

cao1976.18 45

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAO NO.1976/2018 IN CAF NO.2333/2018 IN FA ST.NO.23/2018 VIDC, thr. its Exe. Engr. Yavatmal Project Construction Division, Yavatmal and anr ..vs..

Radheshyam Chaturbhuj Bajaj 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. None for non-applicant No.1.

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 6.7.2018, an order was passed on Civil Application St.No.24/2018 whereby subject to applicants/appellants depositing entire amount of compensation as awarded by the Reference Court within a period of 16 weeks 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 .....2/-

cao1976.18 45 applicants/appellants are making a prayer that time be 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. Learned counsel Shri G.K. Sarda for non-applicant No.1 is absent.

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 Rs.50,000/- (rupees fifty thousand only) by way of costs 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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