✦ Bombay High Court

THE STATE OF MAHARASHTRA v. DEVBA RAOJI SHINDE & Anr.

Ca No. 2913 of 2014KISHORE C SANT2 min read

Case at a glance

Outcome

Disposed of

The first appeals stand disposed off as withdrawn

Provisions considered

Key paragraphs

  • Para 22. Mr. Phule, learned AGP submits that above numbered group of appeals is squarely covered by Government Resolution No. Sankirna- 2014/pra.kra4/Bham-1/A-4 dated 03-11-2016 with Government Corrigendum dated 23-02-2017 and 13-08-2018 to the said Government Resolution. Hence, the group of appeals can be withdrawn as per…
  • Para 44. However, before disposing off the appeals, it is further clarified that in case the amount is not deposited as per the award, the State Government undertakes to deposit the said amount within a period of one year in the concerned Reference Court. If the…

Judgment

O R D E R (12th NOVEMBER, 2022)

1.

These appeals are placed before us in today’s National Lok- Adalat. Mr. P. S. Mengshetti, Dy. Collector, Latur is present. ( 2 ) fa268.15

2.

Mr. Phule, learned AGP submits that above numbered group of appeals is squarely covered by Government Resolution No. Sankirna- 2014/pra.kra4/Bham-1/A-4 dated 03-11-2016 with Government Corrigendum dated 23-02-2017 and 13-08-2018 to the said Government Resolution. Hence, the group of appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the State is withdrawing these appeals.

3.

The learned AGP states that entire amount in these appeals has been deposited and later-on the said amount has been withdrawn by the original claimants by obtaining orders from this court. He submits that in these circumstances nothing survived in these appeals.

4.

However, before disposing off the appeals, it is further clarified that in case the amount is not deposited as per the award, the State Government undertakes to deposit the said amount within a period of one year in the concerned Reference Court. If the amount is not withdrawn by the claimants/respondents, same is allowed to be withdrawn and office to allow withdrawal. If the said amount is not deposited, they are at liberty to withdraw the same after the amount is deposited.

5.

The advocate informs that there are cross appeals challenging the judgment and award seeking enhancement and ( 3 ) fa268.15 challenging the impugned judgment and award to the extent of not enhancing the amount as prayed for. No order is necessary on the cross- objections. The parties are prayed to prosecute the same.

Operative part

8.

The first appeals stand disposed off as withdrawn. No order as to costs. The court fee refund certificate be issued as per the provisions under the of Maharashtra Court Fees Act, 1959.

9.

In view of withdrawal of these appeals, pending civil applications, if any stand disposed off. [A. R. BORULKAR] Advocate Member [S. G. SHETE] DJ (Retd.) Member [KISHORE C. SANT, J.] Head of Panel VishalK/fa268.15

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The first appeals stand disposed off as withdrawn

Which statutory provisions did this judgment involve?

Fees Act, 1959.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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