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Bombay High CourtCAO/353/2017ca disposed off

Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer, Amravati v. Mohinidevi Wd/O Onkarmal Rungta Dead, Through L.Rs. Jugalkishor Onkarmal Rungta And Others

2017-03-23Hon'Ble Shri Justice A.S. Chandurkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAO] No. 353 of 2017 AND Misc. Civil Application St. No. 26100 of 2016 IN Misc. Civil Application [St.] No. 18909 of 2015 IN First Appeal No. 965 of 2014 [Mah. Industrial Devp. Corpn. Vs. Mohinidevi Onkarmal Rungta (dead) through L.Rs. & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. M.M. Agnihotri, Adv., for the applicant. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

23rd March, 2017 Notice on Civil Application No. 353 of 2017 and Misc. Civil Application St. No. 26100 of 2016 is made returnable forthwith.

Shri R.L. Khapre, learned counsel, waives notice on behalf of non-applicant nos. 1 to 7, who are the contesting parties, and Mrs. Naik, learned AGP, for respondent no 12. Notice on non-applicant nos. 8 to 10 is dispensed with as they were non-applicants even before the Reference Court.

Considering reasons mentioned in the

applications, the delay is condoned and Misc. Civil Application St. No. 18909 of 2015 is restored to file. -0-0-0-0Misc. Civil Application St. No. 18909 of 2015 : Notice on this Application is made returnable forthwith.

Shri R.L. Khapre, learned counsel, waives notice on behalf of non-applicant nos. 1 to 7, who are the contesting parties, and Mrs. Naik, learned AGP, for respondent no. 12. Notice on non-applicant nos. 8 to 10 is dispensed with as they were non-applicants even before the Reference Court.

The appeal came to be dismissed as the paperbook was not filed within the stipulated time. Considering reasons mentioned, the order dismissing the appeal for said purpose is recalled and the First Appeal is restored. The paper-book be filed within a period of four weeks from today.

Misc. Civil Application is allowed and disposed of. -0-0-0-0Civil Application No. 3586 of 2015 :

On the applicant depositing the entire amount of compensation in this Court within a period of one week from today, the execution of the impugned Award shall remain stayed during pendency of the appeal.

Civil Application is disposed of.

-0-0-0-0First Appeal No. 965 of 2014 :

Issue notices of hearing of the appeal to the respondent nos. 8 to 10, returnable in eight weeks. To be heard along with First Appeal No. 482 of 2014.

Judge |hedau|