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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.            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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