All First Appeal

Order - Status 5: CIVIL APPLICATION NO. 2526 OF 2010 WITH CIVIL APPLICATION NO. 2527 OF 2010 IN FIRST APPEAL (stamp) NO. 16905 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders Mr. Arjun H. Patil for the Applicant. CORAM : A.S.OKA, J. DATE : 18th February, 2011. P.C. 1 Rule, returnable on 21st April, 2011. 2 There will be adinterim relief of stay of execution and operation of the impugned judgment and order subject to condition of the Applicant depositing in this Court the entire compensation amount within a period of six weeks from today. If compliance is not made by depositing the compensation amount within the stipulated time, adinterim relief of stay will stand vacated without further reference to the Court. [ A.S.OKA, J ]

Order - Status 10: ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2526 OF 2010 IN FIRST APPEAL (stamp) NO. 16905 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders Mr. Arjun H. Patil for the Applicant. CORAM : A.S.OKA, J. DATE : 08th July, 2011. P.C. . Heard the learned counsel appearing for the Applicant. None appears for the Respondent though the notice is duly served. There is no reply filed to the application. 2 Sufficient cause is made out for condonation of delay. Rule is made absolute in terms of prayer clause (a). [ A.S.OKA, J ]

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 651 OF 2007 IN FIRST APPEAL NO. 1992 OF 2005 The State of Maharashtra & Anr..... Applicants. Versus Devidas Gangaram Gavhane & Ors...... Respondents. Mr. K.K.Tated, AGP for the Applicants. None for the Respondents. CORAM : SWATANTER KUMAR, C.J. & DR.D.Y.CHANDRACHUD, J. DATED : 14TH AUGUST, 2007. P.C.: Issue Court notice to the respondents, returnable on 26th September, 2007. In addition to the other modes of service, liberty to serve by Registered Post A. D. as well as humdast granted. Sd/- CHIEF JUSTICE Sd/- DR.D.Y.CHANDRACHUD,J.

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahor Ahd. Ansari Appellant Vs. M/s. Kataria Transport Co. Ltd. & Anr. Respondents Mr. Abhay A. Jadhavar i/b Ashok B. Tajane for the Appellant. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J. DATE : 26th AUGUST, 2016. P. C. : Heard learned counsel for the appellant. Admit. The appellant to furnish the private paper book within one year from the date of this order. Copy thereof be served on the respondents. After the private paper book is filed, the appeal be fixed for hearing as per CMIS date. [DR. SHALINI PHANSALKAR-JOSHI, J.]

Order - Status 7: Vidya Amin FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 449 OF 2016 Office Notes, Office Memoranda of Coram, appearances, inces, Court's Court's or Judge's orders orders or directions and Registrar's orders Mr. Ashok B. Tajane, Advocate for the appellant. CORAM: MRS.MRIDULA BHATKAR, J. DATED: 26th September, 2017. P.C.: The learned counsel for the appellant submitted that respondent No. 1 is served by publication. He further prays to extend the time to file paper book. Time to file private paper book is extended by one month from today. (MRS.MRIDULA BHATKAR, J.)

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari V/S Appellant Adv.Y.G.Thorat i/by Ashok B. Tajane For Appellant Rupam Ghosh For Respondent No. 2 (vp Filed Before Admission) R.no.2 Is Duly Served Through Court Notice For Respondent CORAM : SMT. ANUJA PRABHUDESSAI, J DATE : 21st March, 2018 P.C. : At the request of learned advocate for the Appellant, Stand 28/03/2018 and tagged with caa(st)8671/2018. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Kavita Shinde i/by Advocate A.B. Tajane Present for Appellant. CORAM : V.R. KACHARE REGISTRAR (JUDL – II) Date : 24th September, 2018 3 weeks time is granted to supply copy of Newspaper. sd/­ Registrar (Judl.­II) dsm – R(J­II) – 24.09.2018

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari … Appellant V/s M/s Kataria Transport Co. Ltd. And Anr. … Respondents Mr. Sharad Bhosale i/b Mr. Ashok B. Tajane, for the Appellant. CORAM : V. G. BISHT, J. DATED : 13TH JANUARY, 2020. P.C. Place this matter under the caption of " For Final Hearing" on 27th February, 2020. ( V. G. BISHT, J.)

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari ....Appellant V/S M/s. Kataria Transport Co. Ltd. And Anr. ....Respondent Mr Y G Thorat h/for Mr Ashok B Tajane, Advocate For Appellant CORAM : R.D. DHANUKA, J DATE : 27th February, 2020 P.C. : Mentioned at 2.00 p.m. At the request of the Advocate for the Appellant, place the matter on Board for hearing on 05/03/2020. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari ....Appellant V/S M/s. Kataria Transport Co. Ltd. And Anr. ....Respondent CORAM : R.D. DHANUKA, J DATE : 5th March, 2020 P.C. : Due to paucity of time the matter is adjourned to 02/04/2020 . In case any ad-interim/interim relief is operating till today, the said order will continue to operate till the next date. If ad-interim/interim relief is not granted for a limited period, the said order will remain unaffected. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 19: Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Farogh Ahd. Zahoor Ahd. Ansari ] Appellant Vs. M/s. Kataria Transport Co. Ltd. ] and another ] Respondents ..... Mr. Akshay Kashid i/b Mr. Ashok B. Tajane, for Appellant. None for the Respondents. CORAM : PRITHVIRAJ K. CHAVAN, J. DATE : 4th FEBRUARY. 2021. P.C. This is an appeal for enhancement of the claim awarded by M.A.C.T, Mumbai. ….. It is contended that despite a claim to the tune of Rs.20,00,000/-, the learned Tribunal has granted only an amount of Rs.5,93,487/-. The appeal has already been admitted on 26th August, 2016. The appellant had also filed a paper book. In that view of the matter, list the appeal on the board of "Final Hearing" in the week commencing from 15th March, 2021. [PRITHVIRAJ K. CHAVAN, J.]

Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. ….Appellants Ansari V/s. M/s. Kataria Transport Co. Ltd. and another …..Respondents Mr. Y. G. Thorat i/b Mr. Ashok Tajane for the Appellants None for Respondents CORAM : NITIN W. SAMBRE, J. DATE: JULY 14, 2021. P.C.: 1] None for the appellants. Prayer for listing the appeal for fnal hearing will be considered once the physical hearing commences. [NITIN W. SAMBRE, J.]

Order - Status 23: SALGAONKAR M M Digitally signed by SALGAONKAR M Date: 2022.03.30 20:37:46 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Farogh Ahd. Zahoor Ahd. Ansari .. Appellant Versus M/s. Kataria Transport Co. Ltd. & Anr. .. Respondents … ... Mr.Y.G.Thorat i/b Mr.Ashok B. Tajane for the Appellant. CORAM: BHARATI DANGRE, J. DATED : 29th MARCH, 2022 P.C:- The appeal, being admitted on 26/08/2016, is ready for final hearing. The Registry has notified that R & P is reeeieed, but without paper-book. The learned Adeoeate for the appellant has already filed a prieate paper-book on 13/10/2017. Sinee the respondents are duly sereed and respondent No.2 is represented by Adeoeate Rupam Ghosh, list the appeal for final hearing on 04/05/2022 at 2.30 p.m. ( SMT. BHARATI DANGRE, J.)

Order - Status 25: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 of 2016 Farogh and Zahoor and Ansari .. Appellant Versus M/s.Kataria Transport Co.Ltd and Anr .. Respondents … Mr. Ashok Tajane for the appellant. None for the respondent. CORAM: BHARATI DANGRE, J. DATED : 4 th MAY 2022. P.C:- 1 Appeal is slated for final hearing. However, none appear for the contesting respondents. As far as Insurance Company is concerned, vakalatnama is filed by Rupam Ghosh, but Mr.Tajane, learned counsel for the appellant state that when he had telephonic talk with her, she had specifically informed that she had returned the papers to the Insurance Company. 2 In wake of the above, issue fresh notice to respondent no.2, intimating that the Appeal shall be taken for hearing on 4/7/2022 at 2.30 p.m in wake of the urgency expressed on behalf of the appellant. 3 Mr.Tajane is also at liberty to inform about the said order to any counsel of Oriental Insurance Company who normally represent the Company. ( SMT. BHARATI DANGRE, J.)

Order - Status 28: IN THE HIGH COURT OF JUDICATURE AT BOMBAY BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Mr. Farogh Ahmed Zahoor Ahmed Ansari … Appellant Versus M/s. Kataria Transport Co. Ltd. and Anr. … Respondents .... None for the Appellant and for the Respondents. .... CORAM : SHARMILA U. DESHMUKH, J. (HEAD OF THE PANEL) Y.A. GOSWAMI, REGISTRAR (CPC), MEMBER H.V. KULKARNI, DEPUTY REGISTRAR, MEMBER DATE : 13th AUGUST, 2022 P.C. : None appears for the parties. Transfer to the Regular Court. (H.V. KULKARNI) (Y.A.GOSWAMI) (SHARMILA U. DESHMUKH, J)

Order - Status 29: Ghuge IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.449 OF 2016 Farogh Ahd. Zahoor Ahd. Ansari … Appellant V/s. Kataria Transport Co. Ltd and Anr … Respondents Mr. Ashok Tajane for the appellant. Ms. S.S. Dwivedi for respondent No.2. CORAM : AMIT BORKAR, J. DATED : JANUARY 25, 2023 P.C.: List the first appeal "for final hearing" on the board commencing from 6 th February, 2023. (AMIT BORKAR, J.)

Order - Status 32: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 449 OF 2016 Mr. Farogh Ahd. Zahoor Ahd. Ansari, Age, - 48 years, Resident of F/8, 666 Tenements Compound Mumbai – 400011 ) ) ) ) Appellant Versus 1. M/s. Kataria Transport Co. Ltd., ) A-28, Suvidha Estate, ) Gandhinagar, bavla Highwa, ) Surkhej, Ahmedabad, Gujarat. ) 2. Oriental Insurance Co. Ltd. ) 7, J. T. Road, Churchgate, ) Mumbai – 400 020. )Respondents (Policy No. 141700-2007/8927) ) Valid from 31/02/2007 to 20/03/2008 ) Mr. Ashok B. Tajane for the Appellant. Ms. Sneha Dwivedi for the Respondent No.2. CORAM : S. G. DIGE, J. DATE : 17th FEBRUARY 2023. JUDGMENT : Heard learned counsel for appellant and learned counsel for the respondent. Shantanu Dhudum 228-FA449-2016.doc Both learned counsel submits that both the parties have settled the matter. The respondent no. 2-insurance company is ready to pay Rs. 34 Lakh as compensation to the appellant excluding the amount already deposited before the MACT, Mumbai in MACP No. 3476 of 2007 as per the order dated 19/07/2014. This amount of Rs.34 Lakh would be without interest, it excludes the compensation awarded by the MACT, Mumbai. Learned counsel for appellant agrees for it. The claimant who is present in the Court also agrees for the same. In view of the submission of both learned counsel and the appellant/claimant, I pass the following order: ORDER i. Appeal is allowed. ii. The respondent no. 2-insurance company shall deposit amount of Rs. 34 Lakhs before the Tribunal within two weeks from today. iii. The appellant is permitted to withdraw the amount deposited by the respondent no. 2 insurance company as award amount granted by the tribunal along with accrued interest thereon and the amount of Rs. 34 Lakhs. The Appeal stands disposed of. All pending applications, if any, stand disposed of. Parties to act on authenticated copy of this order. (S. G. DIGE, J.)

Order - Status 8: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2008 OF 2016 IN FIRST APPEAL (ST.) NO.1 OF 2013 Office Notes, Office Memoranda of Court's or Judge's orders Coram, Appearances, court's orders or directions and Registrar's orders Mr.A.R.Patil, A.G.P. for the applicant CORAM : K. K. TATED, J DATE : AUGUST 14, 2019 P.C.: . Heard. 2 By this Civil Application, Applicant is seeking stay of the operation and implementation of the judgment and award dated 19.12.2011 passed by Reference Court in L.A.R.No.295 of 2003 holding that Respondent original Claimants are entitled sum of Rs.1,49,085/- by way of additional compensation in respect of acquired land. 3 The learned A.G.P. submits that in the present proceedings, Special Land Acquisition Officer issued notification under section 4 of the Land Acquisition Act, dated 16.7.1998 for acquiring Respondent's land admeasuring 0H. 39R. land from Gut no.52 situated at village Sheri Digar, Taluka Kalwan, District Nashik for the purpose of construction of Sule Unai Submergence Project. 4 The learned A.G.P. submits that after following due process of law, Special Land Acquisition Officer declared award under section 11 of the said Act dated 15.11.2000 holding that Respondent original Claimants are entitled compensation in respect of acquired land @ Rs.27,197/- per Hector. 5 The learned A.G.P. submits that, being aggrieved by the said award, Respondent original Claimant preferred reference under section 18 of the Land Acquisition Act. In the said Reference, Reference Court awarded enhanced compensation in respect of acquired land @ Rs.2,50,000/- per Hector and also claimed Rs.2.0 lac towards compensation of Mango and Jambhul trees. He submits that Reference Court without considering the evidence on record, particularly sale instance, held that Claimants are entitled additional compensation of Rs.1,49,085/-. 6 The learned A.G.P. submits that they have good chance of success in the present proceeding. He submits that if entire compensation is recovered by Respondent original Claimant by filing execution Application, then nothing will survive in the present proceeding. He submits that pending the hearing and final disposal of the First Appeal, this Hon'ble court be pleased to stay the operation and implementation of the impugned judgment and award. 7 Considering the submissions made by the learned counsel for the Applicant and the impugned judgment and award passed by Reference Court holding that Claimants are entitled additional compensation of Rs.1,49,085/- I am satisfied that the Applicant has made out a case for allowing the Civil Application, but they have to deposit entire awarded amount with interest in the Reference Court on or before 19.10.2019 failing which the Civil Application shall stand dismissed without referring back to the court. Hence, following order is passed: a. Operation and implementation of the impugned judgment and award dated 19.12.2011 passed by Reference Court in LAR No. 295 of 2003 is stayed till the hearing and final disposal of the First Appeal, on condition that Applicant to deposit entire awarded amount with interest in the Reference Court on or before 19.10.2019, failing which Civil Applications shall stand dismissed without referring back to the court. b. Reference court is directed to invest the said amount in fixed deposit of any nationalized bank initially for a period of one year and same be continued till further orders. c. Liberty granted to the Respondents/Claimants to prefer an appropriate Application for withdrawal of amount, if they so desire, which will be decided on its own merits. d. Civil Application stands disposed of accordingly. e. No order as to costs. (K.K.TATED, J.)