Bombay High Court
MIDC Through Its Regional Officer MIDC Chh Sambhajinagarversus1 Limba Patilba Kakade died Throught its LRs A Kakasaheb Limba Kakade And ors
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed partial withdrawal of the deposited compensation, condoned the delay in filing the appeal, granted leave to appeal, upheld the stay of execution, and permitted the amendment to include legal heirs.
Summary
The applicants, claimants before a reference court, sought the withdrawal of compensation amounts deposited by the Acquiring Body (Maharashtra Industrial Development Corporation) pending an appeal. The court permitted the legal heirs of Applicants 1 and 3 to withdraw 50% of the deposited sum with interest upon furnishing an undertaking, and an additional 25% upon providing a satisfactory surety. It noted that Applicant 2 had died and therefore no withdrawal was sought on his behalf. Separate applications were filed for condonation of a 2,591‑day delay in filing an appeal, leave to file an appeal against a 2010 judgment, and to maintain a stay of the reference court’s award, all of which were granted. The court also allowed an amendment to bring the legal heirs of certain respondents on record and condoned the delay in that filing. All applications were subsequently disposed of.
Issues considered
- Whether the claimants can withdraw the compensation deposited by the Acquiring Body pending appeal
- Whether a delay of 2,591 days in filing an appeal can be condoned
- Whether leave to file an appeal against the 2010 judgment should be granted
- Whether the stay of execution granted earlier should continue
- Whether amendment to include legal heirs of respondents can be permitted
Subjects
- compensation withdrawal
- condonation of delay
- stay of execution
- appeal
- legal heirs
- Maharashtra Industrial Development Corporation
- reference court
- amendment
Judgment
(1) 933ca6200.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
933 CIVIL APPLICATION NO. 6200 OF 2026
IN FAST/24768/2025
1 Limba Patilba Kakade Died Throught Its Lrs A Kakasaheb Limba
Kakade And Ors
….Applicant
VERSUS
Maharashtra Industrial Development Corporation
…..Respondent
WITH
CIVIL APPLICATION NO. 8805 OF 2025
IN FAST/24768/2025
WITH
CIVIL APPLICATION NO. 8806 OF 2025
IN FAST/24768/2025
WITH
CIVIL APPLICATION NO. 8804 OF 2025
IN FAST/24768/2025
WITH
CIVIL APPLICATION NO. 6201 OF 2026
IN FAST/24768/2025
Mr. S. N. Rodege, Advocate for the applicants/claimant
Mr. G. S. Khaire, Advocate h/f Mr. S. S. Dande, Advocate for the
respondent/Appellant
Mrs. Vaishali Chaudhary, AGP for the respondents/State
CORAM : MANJUSHA DESHPANDE, J.
DATE : 14th AUGUST, 2026
PER COURT :
1. This Application has been filed by the Applicants who are
claimants before the learned Reference Court.
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(2) 933ca6200.26
2. Learned Advocate for the Applicants submitted that the
Acquiring Body has filed Appeal against the order of learned
reference Court which is pending before this Court and this Court had
directed to deposit the entire compensation amount vide order dated
14-08-2025. Hence, this Application is filed by the
Applicants/Claimants for withdrawal of the amount deposited by the
Acquiring Body. It is submitted that the amount is separately
deposited for each of the claimants/applicants by the Acquiring Body
which is at page Nos. 13 and 15 of the present Application. Therefore,
there is no impediment in separately withdrawing the said amount.
Hence, the Application for withdrawal of the amount is allowed on
following conditions.
3. The Legal heirs of Applicant Nos. 1 and Applicant No. 3
are permitted to withdraw 50% of the amount deposited in the office
of this court alongwith accrued interest on furnishing usual
undertaking and 25% of the amount is allowed to withdraw on
furnishing solvent surety/security to the satisfaction of the learned
Registrar (Judicial) of this court.
4. In view of above, the Application is disposed of.
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5. So far as Applicant No. 2 is concerned it is informed that
the Applicant No. 2 has expired and therefore, he does not press the
Application so far as Applicant No. 2.
CA/8805/2025
1. This Application has been filed by the Acquiring Body
for condonation of 2591 days caused in filing the Appeal.
2. The learned Advocate for the Applicant/Appellant
submitted that the Acquiring Body was not party Respondent before
the learned Reference Court. After getting knowledge about the
judgment and award passed by the learned Reference Court, the steps
were required to be taken by the Acquiring Body for filing the Appeal,
in which some time was consumed. Therefore, the delay of 2591 days
has occurred in filing the Appeal.
3. In view of explanation given by the Applicant/Appellant
and since the delay is neither intentional nor deliberate, the
Application is allowed in terms of prayer clause-A. The delay of 2591
days is condoned.
4. Office to register the Appeal.
CA/8804/2025
1. This Application is filed by the Applicant/Appellant
seeking leave to file Appeal against the judgment and award passed by
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(4) 933ca6200.26
the learned CJSD, Aurangabad in LAR No. 231/2000 dated 30-04-
2010.
2. It is submitted by the learned Advocate for the
Applicant/Appellant that though it was necessary for the claimants to
add the Acquiring Body as a party Respondent in the reference Court,
the Acquiring Body was not added as a party Respondent to the
reference.
3. Leave is granted and the Application is allowed in terms
of prayer clauses-B.
4. Since there is a separate Application for stay, the prayer
clause-C is not pressed.
5. The Application is disposed of.
CA/8806/2025
1. This Court while issuing notice had granted stay to the
impugned judgment and award passed by the learned Reference Court
vide order dated 14-08-2025 subject to deposit of amount with
accrued interest, which is accordingly deposited by the Acquiring
Body.
2. Since the amount is already deposited in this Court, the
Application for stay is allowed. The interim relief, granted by this
Court shall continue to operate till disposal of the Appeal.
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3. The Application is disposed of.
CA/6201/2026
1. This is an Application for bringing LRs of Respondent
Nos. 2, 5-B and 5-C on record.
2. Leave is granted.
3. The Application is allowed in terms of prayer clause-C.
4. The Applicants shall carryout the necessary amendment
to bring the legal heirs of Respondent Nos. 2, 5-B and 5-C on record
within a period of two weeks.
5. The delay occurred in filing the Application is condoned.
[MANJUSHA DESHPANDE, J. ]
VishalK/933ca6200.26
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