Maharashtra State Electrictiy ... vs Shri. Parsharam Gangaram Surve ...
2023 Latest Caselaw 1349 Bom

                                                                         38-fast36586-2017.doc


                      AGK
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                  FIRST APPEAL (ST.) NO.36586 OF 2017
                                                 WITH
                                  CIVIL APPLICATION NO.3656 OF 2018
                                                 WITH
                                  CIVIL APPLICATION NO.3539 OF 2018
         Digitally
         signed by
         ATUL
ATUL     GANESH
GANESH   KULKARNI
KULKARNI Date:

                      Maharashtra State Electricity Co.
         2023.02.09
         10:57:34
         +0530



                      Ltd., through Superintendent Engineer        ... Appellant
                                  V/s.
                      Parsharam Gangaram Surve (deleted)
                      & Ors.                                       ... Respondents


                      Ms. A.R.S. Baxi for the appellant.
                      Mr. Shreepad Murthy i/by Mr. Abhishek Patil for
                      respondent nos.5(1) & 5(2).
                      Ms. Tanaya Goswami, AGP for the State.


                                                    CORAM : AMIT BORKAR, J.

                                                    DATED    : FEBRUARY 8, 2023
                      P.C.:

                      CIVIL APPLICATION NO.3656 OF 2018:

1. The interim application is filed seeking condonation of delay in filing the first appeal.

2. Considering the reasons stated in paragraph 6, the interim application is allowed in terms of prayer clause (b).

3. No costs.

38-fast36586-2017.doc

FIRST APPEAL (ST.) NO.36586 OF 2017:

4. Arguable questions are raised. Admit.

5. Appellant to file private paper-book within one (1) year from today, failing which the first appeal shall stand dismissed without further reference to the Court.

CIVIL APPLICATION NO.3539 OF 2018:

6. Learned advocate for the applicants states that entire decretal amount has been deposited with the reference Court. According to her, the comparative sell instance was of adjoining village property. The area of the sale deed was of four (4) Are, however, the area of property acquired is of 1 Hectare 4 Are. According to her, potentiality of the land has not been considered.

7. In that view of the matter, the applicant has made out a case for grant of interim relief.

8. During the pendency of the appeal, there shall be interim relief in terms of prayer clause (a).

9. Since the judgment is based on comparative sell instance of adjoining village property, the claimants can be permitted to withdraw 50% of the amount of compensation deposited with the reference Court, subject to filing an undertaking in this Court within four weeks from today stating that in case the first appeal is decided in favour of the appellant, the claimants shall reimburse the appellants entire amount withdrawn along with interest at the prevalent bank rate.

(AMIT BORKAR, J.)