Bombay High Court
M.I.D.C. Mumbai, Thr C.E.O. ... vs Shriram Sheshrao Murumkar And Anr on 30 November, 2021
Bench: V.M. Deshpande
1 caf1922.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION NO. 1922/2021 IN FIRST APPEAL NO. 776/2010 (D)
WITH CROSS OBJECTION NO. 24/2021
M.I.D.C. Ltd. vs. Shriram s/o Sheshrao Murumkar and anr.
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. A. P. Tathod, Advocate for applicant/respondent no.1.
Mr.M. M. Agnihotri, Advocate for non applicant/appellant
Mrs. S. Haider, A.G.P. for non applicant-State.
CORAM : V.M. DESHPANDE, J.
DATED : NOVEMBER 30, 2021
This is an application for direction to appellant-
MIDC to deposit the entire amount of compensation. This
application is moved by original claimant.
The claimant, who has moved this application
is represented by Mr. Tathod. Appellant-MIDC is
represented by Mr. Agnihotri and State is represented by
Mrs. Haider.
Undisputedly, first appeal filed on behalf of the
appellant was dismissed by this Court (Coram: Smt. Anuja
Prabhudessasi, J.) on 18.02.2021. While dismissing the
appeal, cross-objection filed by the claimant was allowed.
It is pointed out to this Court that while
admitting the appeal, appellant was directed to deposit
75% of the decreetal amount and accordingly, 75% of the
decreetal amount was deposited. It is also pointed out
that out of the said amount the claimants were allowed to
2 caf1922.21.odt
withdraw an amount of Rs.2,75,000/- and rest of the
amount was ordered to be deposited in the fixed deposit
for three years with renewal clause.
It is an admitted fact that remaining 25% of the
decreetal amount is yet to be deposited.
By the present application, the claimants are
submitting that the appellant be directed to deposit the
remaining amount of original decreetal amount along
with interest. They also submitted that as per the
directions of this Court, while allowing the cross-appeal
though the appellant was directed to deposit the
enhanced amount of compensation with the statutory
component, same is yet to be deposited. Hence, the
appellant be directed to deposit the same.
Mr. Agnihotri, learned counsel for appellant
submitted that they have instructions from the appellant
to make a statement that they are ready to deposit the
entire amount within 10 days from today.
The statement is accepted.
Though the appellant is praying for ten days,
the Court is granting three weeks time to deposit the
entire amount. Accordingly, I pass the following order.
ORDER
(i) The application is allowed.
(ii) The appellant is directed to deposit the
remaining 25% amount of the original amount under the
judgment and decree with the reference Court along with
accrued interest thereon.
3 caf1922.21.odt
(iii) The appellant is also directed to deposit the
enhanced amount of compensation as directed by this
Court while allowing cross-appeal filed by the claimant
along with statutory component.
(iv) The claimant is permitted to withdraw the
remaining amount which was deposited in the fixed
deposit receipt along with accrued interest thereon. The
claimant is also entitled to withdraw the entire amount
deposited by the appellant i.e. remaining 25% with
interest and the enhanced amount of compensation along
with statutory component after the amount is deposited
by the appellant within three weeks from today.
The application is disposed of.
JUDGE
kahale
Digitally signed byYOGESH
ARVIND KAHALE
Signing Date:01.12.2021
14:22
