Allowed

The State of Maharashtra through the Special Land Acquisition Officer and Another v. Mr. Jagdish Madanlal Gupta

Bombay HC11 Feb 2015CAF/583/2015

Case brief

AI extract

What is this about?

The High Court of Bombay Civil Appellate Jurisdiction granted an extension of time to the State of Maharashtra, applicant, to comply with a prior order deposited 14 days after the deadline. The court noted full deposit of the decretal amount and retained the option of the other party to withdraw it.

What did the court decide?

Time extended till 21.01.2015 to comply with the order dated 26.11.2014; liberty granted to the respondent to apply for withdrawal of deposited amount.

The State of Maharashtra through the Special Land… — Execution and Attachment | Bombay HC (2015)

¶1

pr21 caf583-15.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

CIVIL APPLICATION NO.583 OF 2015 IN

¶4

FIRST APPEAL (ST). NO.19578 OF 2015

¶5

Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders

¶6

Mr.A.R.Patil, A.G.P. for the applicant

¶7

Mr.Prashant M. Patil for the respondent no.1

¶8

CORAM : K.K.TATED, J. DATED : 11/02/2015

¶9

PC :

¶10

1 Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

¶11

2 This application is preferred by the State of Maharashtra for extension of time to comply the order dated 26.11.2014 passed by this court (Coram: Mrs.Mridula Bhatkar, J.). 3 The learned A.G.P. for the applicant submits that they already deposited entire decreetal amount in the trial court on 21.01.2015. There is a delay of 14 days. He submits that in the interest of justice this Honourable Court be pleased to extend the time to comply the order dated 26.11.2014 till 21.01.2015.

1/2

Mohite

pr21 caf583-15.doc

4 The learned counsel for the respondent vehemently opposed this application. He submits that the applicant has moved more than three times for extension of time from time to time. Hence, there is no substance in the Civil Application.

¶16

5 The learned counsel for the respondents submits that the applicant has not deposited entire decreetal amount as awarded by the trial court. He submits that they deposited sum of Rs.65,89,779/- whereas as per their calculation amount comes to Rs.82,43,395 till 21.01.2015.

¶17

6 Considering the submissions made by the learned A.G.P. for the applicant and as order is already complied by depositing entire amount on 21.01.2015, I am of the opinion that the applicant has made out a case for extension of time till 21.01.2015. Hence, following order:

¶18

a) Time extended till 21.01.2015 to comply the order dated 26.11.2014 passed by this court in Civil Application (ST). No.30765 of 2014. b) Liberty granted to the respondent to take out appropriate application if they so desire for withdrawal of the amount and that application be decided on its own merits.

¶19

c) Civil Application is disposed of accordingly.

¶20

2/2

¶21

Mohite

The State of Maharashtra through the Special Land Acquisition Officer and Another v. Mr. Jagdish Madanlal Gupta

Case brief

What is this about?

What did the court decide?

The State of Maharashtra through the Special Land Acquisition Officer and Another v. Mr. Jagdish Madanlal Gupta

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shri Shukurulla Eshak Tailor Vs Mr. Abbas Husein Tinwala and Ors.

Rachit Packers Pvt. Ltd. Vs Newtec Industries and Anr.

The Mohamedali Chawl Rahivashi Welfare Association Vs Mrs. Fatima Abdullah Jendi and Ors.

Smt. Kantadevi R. Gupta and Ors. Vs State of Maharashtra through the Office of the Collector and Ors.

Mr. Ashok Shamrao Manglorkar Vs Smt. Rupal D. Khatri and Ors.

The Malegaon Municipal Council Vs Bhogilal Lalchand Sangivi Decd.Th.L.H.and Ors.