Regional Office, Maharashtra ... vs Narayan Rakhamaji Kavde (Thr. His ...
2022 Latest Caselaw 4240 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2022.04.22
             15:02:24 +0530




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                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION
                                                FIRST APPEAL (ST.) NO.2391 OF 2022
                                                              ALONG WITH
                                             INTERIM APPLICATION NO.2351 OF 2022


                                   Regional Office,                   ]
                                   Maharashtra Industrial Development ]
                                   Corporation, Pune.                 ]         ...           Appellant

                                                Vs.

                                   Narayan Rakhamaji Kavde Through ]
                                   LRs & Ors.                      ]             ...         Respondents

                                                               ...
                                   Mr. Kunal Damle with Mr. Ashish Gablule i/b Jay & Co. for the
                                   appellant.

                                   Mr. T.D. Deshmukh with Mr. Ritesh Kulkarni for respondent
                                   Nos.1 to 5.
                                                             ...

                                                            CORAM : SMT. BHARATI DANGRE, J.

                                                            DATED        : 21ST APRIL, 2022.

                                   P.C. :-

                                                     FIRST APPEAL (ST.) NO.2391 OF 2022
                                   1.      Admit.


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2. Issue notice to the respondents.

3. The learned counsel waives service of notice for respondent Nos.1 to 5-claimants.

INTERIM APPLICATION NO.2351 OF 2022

4. The applicant is aggrieved by the judgment and award dated 18/02/2021 passed by the Civil Judge, Senior Division, Pune in Land Reference No.141 of 2004 under which the additional compensation is granted to the respondents.

5. The learned counsel for the applicant-MIDC states that there is a substantial challenge on merits in the appeal and since the appeal is now admitted, he is ready to deposit the entire amount of compensation awarded under the Land Reference No.141 of 2004 in the Reference Court, within a period of six weeks from today.

6. Upon such amount being deposited, there shall be stay to the effect and operation of the impugned judgment and award.

7. Out the amount so deposited, the respondents-claimants shall be permitted to withdraw 50% of the amount, subject to filing an undertaking to the effect that, in case the appeal is allowed, the amount withdrawn by them shall be brought back along with such interest as would be determined by this court at the stage of final hearing of the appeal. The remaining 50%

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amount shall be invested by the Tribunal in any nationalized bank for the period, which it deems fit.

[SMT. BHARATI DANGRE, J.]

AJN