Ichalkaranji Municipal Council ... vs Shri. Kallappa Baburao Awade And ...
2022 Latest Caselaw 10532 Bom

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                                                         11 October, 2022.


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
                WRIT PETITION NO. 7618 OF 2019


Ichalkaranji Municipal Council
through Chief Officer                     ....Petitioner
  V/s.
Ramesh Marutirao Jadhav and Ors.               ....Respondents


                           WITH
                WRIT PETITION NO. 7616 OF 2019


Ichalkaranji Municipal Council
through Chief Officer                     ....Petitioner
  V/s.
Satish Marutirao Jadhav and Ors.          ....Respondents


                                   WITH
                WRIT PETITION NO. 6055 OF 2019


Ichalkaranji Municipal Council
through Chief Officer                     ....Petitioner
  V/s.
Shri. Kallappa Baburao Awade
and Ors.                                       ....Respondents
                           -----
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                                                                                  11 October, 2022.


                   Mr. Vinod P. Sanglikar, Advocate for the petitioner in all the
                            petitions.
                   Mr. A.M. Kulkarni i/by. Mr. Sarthak Diwan, Advocate for
                            respondents no.1 and 3.
                   Mr. P.P. Pujari, AGP for State.


                                                CORAM : SANDEEP K. SHINDE, J.

TUESDAY, 11TH OCTOBER, 2022.

P.C. :

NEETA 1. Heard Mr. Sanglikar, learned Counsel for the petitioner SHAILESH SAWANT and Mr. Kulkarni, learned Counsel for the respondents. Digitally signed by NEETA SHAILESH

2. In execution of the Award passed under the Land SAWANT Date: 2022.10.12 Acquisition Act, Awardee instituted Regular Darkast. The petitioner 15:05:40 +0530

in satisfaction of the Award, deposited the amount in installments, without notice to Awardee, as to how money remitted is to be adjusted, as required in terms of sub-rule (2) of Rule 1 of Order 21 of the Civil Procedure Code. In absence of such indication, the Awardee appropriated the amount towards interest/cost. Petitioner disputes, such appropriation. However, such appropriation was upheld by the learned Executing Court. Feeling aggrieved by such appropriation, the petitioner has approached this Court.

3. Mr. Kulkarni, learned Counsel for the respondent, relied on the following judgments to submit that the Awardee was within his right to appropriate the amount deposited by the petitioner towards the interest/cost in absence of any Rane 3/3 5 -WP-7618-2019 11 October, 2022.

communication. The decisions, thus relied on, are in the following cases :

(i)Gurpreet Singh Versus. Union of India, (2006) 8 SCC

487.

(ii)Rajasthan State Road Transport Corporation, Jaipur Versus. Poonam Pahwa (Smt.) and Others, (1997) 6 SCC

(iii)Mathunni Mathai Versus. Hindustan Organic Chemicals Ltd. And Others, (1995) 4 Supreme Court Cases 26.

4. In my view, the decision in the case of Mathunni Mathai (supra), is relevant and may apply to the facts of the case at hand.

5. Be that as it may, Mr. Sanglikar, learned Counsel for the petitioner seeks time to produce applications filed by the petitioner while depositing the amount in the executing Court. These applications are necessary to ascertain whether the contents thereby suggests indication of appropriation of the amount, then deposited.

6. Let the application be produced on the next date of hearing.

7. Stand over to 18 November, 2022.

th

(SANDEEP K. SHINDE, J.)