The Commissioner,Nashik ... vs Mr. Tasduk Hussain Gulal Hussain ...
2023 Latest Caselaw 3439 Bom

2023:BHC-AS:10582-DB

                 Rajeshri Aher                         1/3                       7 caf 2534 of 2016.doc



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                      CIVIL APPLICATION NO. 2534 OF 2016
                                                      IN
                                        FIRST APPEAL NO. 1105 OF 2016
                                                     WITH
                                      CIVIL APPLICATION NO. 469 OF 2013
                                                      IN
                                        FIRST APPEAL NO. 1105 OF 2016

                 The Commissioner, Nashik Municipal
                 Corporation, Nashik                                            ...Applicant
                             Versus
                 Mr.Tasduk     Hussain     Gulal     Hussain
                 Indorwala(Deceased)Lrs. Mr. Zohair Tasduk
                 Hussain Indorewala And Ors.                                    ...Respondents
                                                   .....
                 Mr.Murlidhar L. Patil, Advocate for Applicant.
                 Mr.A.R. Patil Addl. G.P., for Respondent - State.
                 Ms.Bhavna Khemani, Advocate for Respondents.
                                               .....

                                                    CORAM      :     K.R. SHRIRAM &
                                                                     RAJESH S. PATIL, JJ.

                                                    DATED      :     6th APRIL 2023

                 P.C. :

                 1               This application is to bring on record legal heirs of

Respondent No.1. Ms.Khemani has no objection. Application is

allowed in term of prayer Clause (a). Appeal to be admitted and

amended Appeal to be served on the parties within two weeks from

today.

                 2               Civil Application disposed.





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                       CIVIL APPLICATION NO. 469 OF 2013



1                On 20th February 2013 this Court had stayed the

execution and operation of the impugned judgment and order subject

to condition of Appellant depositing with reference Court 50% of the

compensation amount payable as on that date within a period of six

weeks. Mr.Patil states the amount has been deposited. Mr.Patil relies

upon a letter dated 19th January 2015 from Nashik Municipal Council

to the reference Court forwarding a cheque for Rs.14,94,54,892/-.

2 We note that the amount has been deposited almost two

years after the order was passed and it is also not clear as to how the

figure of Rs.14,94,54,892/- was arrived at.

3 The Commissioner Nashik Municipal Corporation is

directed to within one week from today give detailed calculations of

how this amount of Rs.14,94,54,892/- was arrived at and the

communication shall be addressed to advocate for Respondents. No

extension will be granted and this Court may be constrained to take

action if it is not strictly complied with. We are constrained to pass

this order because the six weeks period which was given to the

Rajeshri Aher 3/3 7 caf 2534 of 2016.doc

Corporation vide order dated 20th February 2013 expired on 3 rd April

2013, but, the amount was deposited only around 20 th January 2015

by cheque dated 13th January 2015. Respondents may apply if this

order is not complied with.

(RAJESH S. PATIL, J.)                     (K. R. SHRIRAM, J.)