Bombay High CourtCAF/2071/2019ca disposed off

Maharashtra State Industrial Development Corporation, Yavatmal Through Its Manager v. State Of Maharashtra Through Its Collector, Yavatmal And Others

2019-06-24Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

caf 2070.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 1157 OF 2019 in CIVIL APPLICATION (CAF) NO. 2071 OF 2019 in CIVIL APPLICATION (CAF) NO. 2070 OF 2019 in FIRST APPEAL (ST.) NO. 27960 OF 2017 [Maharashtra State Industrial Development Corporation Vs. State of Maharashtra and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri A. C. Jaltare, Advocate for the appellant Shri Nikhil Joshi, AGP for respondent nos. 1 and 2 Shri A. B. Nakshane, Advocate for respondent no. 3/applicant. CORAM : M. G. GIRATKAR, J.

DATE : 24/06/2019 Heard learned Advocate Shri Jaltare for the appellant, learned AGP Shri Joshi for respondent nos. 1 and 2 and Shri Nakshine, learned Advocate for respondent no. 3/applicant.

75% amount of compensation/decreetal amount is deposited before this Court. The applicant/respondent no. 3 is permitted to withdraw 75% amount from the deposited amount after furnishing usual undertaking. Balance amount of 25% be deposited in the nationalized bank for the period of three years.

CIVIL APPLICATION (CAF) NO. 2071 OF 2019 The specific order is passed by this Court on 04.05.2019. In view of the order dated 04.05.2019, the

caf 2070.2019.odt application is disposed of.

CIVIL APPLICATION (CAF) NO. 2070 OF 2019 Heard learned Advocate Shri Jaltare for the appellant. He has submitted that the delay is of 766 days and the same is caused due to administrative difficulties. Learned AGP Shri Nikhil Joshi for respondent nos. 1 and 2 and learned Advocate Shri A. B. Nakshane for respondent no. 3 strongly objected the application. Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned. Appeal be registered.

FIRST APPEAL (FA) NO. OF 2019 Heard.

Admit.

Issue notice to the respondents.

Shri Joshi, learned AGP waives notice on behalf of respondent nos. 1 and 2.

Shri A. B. Nakshine, learned Counsel waives notice on behalf of respondent no. 3.

Call R & P.

Put up this matter after receipt of R & P.

JUDGE SMGate