Rajendra Madhukar Kulkarni vs Samadhan Pundlik Kachare And Ors
2021 Latest Caselaw 10936 Bom

                                           -1-

             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                           BENCH AT AURANGABAD

               CIVIL APPLICATION NO.4375 OF 2021
IN FAST/6206/2021 WITH CA/4376/2021 IN FAST/6206/2021 WITH CA/
                  7383/2021 IN FAST/6206/2021

                     THE EX. ENGINEER, M.I.W. JALGAON
                                  VERSUS
                  SAMADHAN PUNDLIK KACHARE AND OTHERS

Mr.A.D.Pawar, Advocate for the applicants.
Mr.Jitendra Patil, Advocate for respondent No.1.

Mr.S.G.Sangle, AGP for State.

( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ)

DATE : AUGUST 12, 2021

PER COURT :

1. Considering the order that we have passed on 05/08/2021, in Civil

Application No.4465/2021, the Executive Engineer, MIW, Jalgaon Vs. Narendra

Ramchandra Waghulde and others and connected matters, we are passing the

same order.

2. CA No.4375/2021 is allowed and the delay of 313 days caused in filing

the appeal, is condoned. Subject to removal of office objections, First Appeal

Stamp No.6206/2021 shall be registered.

3. In CA No.4376/2021, the Acquiring Body / appellant prays for staying

the impugned award dated 06/02/2021, as set out in prayer clause 'B'.

khs/Aug. 2021/4375

4. The learned Advocate for the claimant, who is the non applicant in this

application, submits that as an intervention application No.7383/2021 has

been filed, this Court may direct the Acquiring Body to deposit 50% of the

amount as is granted in the impugned award while granting protection to the

appellant. The non applicant/claimant would not withdraw the amount right

now. He would file a civil application for withdrawal, which can be considered

alongwith CA No.7383/2021, which is filed for seeking intervention.

5. In view of the above, the Acquiring Body shall deposit 50% of the

amount as is granted in the impugned judgment and award, on or before

15/11/2021. On the condition of depositing the said amount, this civil

application is allowed and the impugned award dated 06/02/2019 delivered by

the learned Civil Judge, S.D.Jalgaon in LAR No.30/2018 shall stand stayed.

6. Needless to state, after the original claimant Samadhan Kachare files

civil application for withdrawal of amount, the application filed by

Mr.Rajendra Madhukar Kulkarni, seeking intervention, would be considered.

          ( S.G. MEHARE, J. )                  ( RAVINDRA V. GHUGE, J. )




khs/Aug. 2021/4375