Allowed

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Purna Medium Project, Achalpur, Amravati v. Shital S/O Baburao Raut and Others

Bombay HC6 Sept 2021CAF/590/2021

Case brief

AI extract

What is this about?

This short order records the disposal of three connected civil matters before the Nagpur Bench. It condoned a significant filing delay in application NO. 589 of 2021, allowed the appeal, and granted partial relief for withdrawing compensation deposits in related applications.

What did the court decide?

Stay granted on terms of prayer clause (a); permission to withdraw 50% of compensation enhanced funds via mutual undertaking, remainder to be withdrawn via solvent surety within 12 weeks.

Vidarbha Irrigation Development Corp. Thr… — Civil Procedure and Limitation | Bombay HC (2021)

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33 CAF-589-2021

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CIVIL APPLICATION (F) NO.589 OF 2021 IN FIRST APPEAL ST. NO.2483 OF 2020.

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[Vidarbha Irrigation Development Corporation ..Vrs.. Shital Baburao Raut and Ors.]

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Office Notes, Office Memoranda of Coram, _______________________________________________________________________________________ appearanfices, Court's orders of direfictions Court's or Judge's order and Registrar's orders.

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Shri. A. M. Kukday, Advoficate for the Applificant/Appellant Shri. R. J. Shinde, Advoficate for the Respondent Nos.1 and 2 Shri. A. R. Chutke, AGP for the Respondent Nos.3 and 4.

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CORAM : NITIN W. SAMBRE, J.

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DATE : 6 th SEPTEMBER, 2021.

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For the reasons disficlosed in the applification and in view of no objefiction by the Claimants, the delay of 289 days stands ficondoned.

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The applification is allowed and is disposed of.

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First APPEAL ST. NO.2483 OF 2020

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Heard.

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Admit .

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Shri. R. J. Shinde, learned Counsel waives for the Respondent Nos.1 and 2.

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The learned Assistant Government Pleader waives for the Respondent Nos.3 and 4.

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Paper book be fled within a period of one year from today. If the paper book is not fled within a stipulated time, the appeal stands dismissed without further referenfice of this Court.

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33 CAF-589-2021

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CIVIL APPLICATION (F) NO.590 OF 2021.

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This is an applification for grant of stay.

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Shri. A. M. Kukday, learned Counsel for the Applificant informs that the entire deficretal amount is deposited. Sinfice the statement is made on the instrufictions, the same is aficficepted.

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The applification stands allowed. There shall be stay, in terms of prayer Clause (a).

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CIVIL APPLICATION (F) NO.1776 OF 2021.

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This is an applification for withdrawal of amount of Rs.14,65,604.

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It is informed that the ficlaim in the present appeal is similar to that of the ficlaim in First Appeal St. No.25595 of 2016 (The Exeficutive Engineer .vs. Narendra and Ors.). In the said matter, the ficlaimants were permitted to withdraw 50% of the amount of enhanficed ficompensation, subjefict to furnishing usual undertaking and balanfice 50% amount is permitted to be withdrawn subjefict to their furnishing solvent surety to the satisfafiction of Registrar (Judif i c al).

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The ficlaimants are permitted to withdraw 50% amount of ficompensation with aficficrued interest on furnishing their mutual undertaking and the balanfice 50% amount by solvent surety to the satisfafiction of Registrar (Judif i c al), within a period of twelve weeks.

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The applification is allowed .

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(NITIN W. SAMBRE, J.)

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TAMBE

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Purna Medium Project, Achalpur, Amravati v. Shital S/O Baburao Raut and Others

Case brief

What is this about?

What did the court decide?

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Purna Medium Project, Achalpur, Amravati v. Shital S/O Baburao Raut and Others

Case brief

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What did the court decide?

What the court decided

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