✦ Bombay High Court · 12 Nov 2022

THE STATE OF MAH ADN ANR v. BANDU GANGARAM THOTE

Case at a glance

Outcome

Disposed of

condonation of delay in respective appeals stand disposed off

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 Hence, the group of appeals can be withdrawn as per…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

Mr.A. M. Phule, AGP for the appellants Mr. H. B. Nandgavale, Advocate h/f Mr. V. G. Sakolkar, Advocate for the respondents in respective appeals Mr. V. V. Ingole, Advocate in respective matters O R D E R (12th NOVEMBER, 2022) Civil Application for condonation of delay:-

#1. Having regard to the reasons mentioned in the application and as the parties are arrived at amicable settlement, it is desirable to condone the delay, the delay stands condoned. The civil applications for condonation of delay in respective appeals stand disposed off. Office to register the appeals. Appeals:-

#1. These appeals are placed before us in today’s National Lok- Adalat. Mr. P. S. Mengshetti, Dy. Collector, Latur is present.

#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 Hence, the group of appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra.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. ( 7 ) fast8700.10

#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 The learned AGP states that entire amount in these appeals has been deposited and later-on the said amount has been withdrawn by the original claimants by obtaining orders from this court.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.

#7. 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. ( 8 ) fast8700.10

#8. 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/fast8700.10

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: condonation of delay in respective appeals stand disposed off

Which statutory provisions did this judgment involve?

Fees Act, 1959.

Which court decided this case, and when?

Bombay High Court, on 12 Nov 2022. The bench was KISHORE C SANT.

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Fast No. 8700 of 2010). ← Search more judgments