Bombay High CourtCA/5143/2012admittedallowedgrantedrule absolute

The Executive Engineer, Latur Medium Project Division v. Kondiba Ram Sirsat And ANR

2015-02-13Hon'Ble Shri Justice M.T. Joshi2 pages

CA 5143/12 & others - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5143/2012 IN FIRST APPEAL (ST.)NO.1164/2012 WITH C.A. NO. 4641/2012 IN F.A.(ST.)NO.1189/2012 C.A. NO. 4643/2012 IN F.A.(ST.)NO.1216/2012 C.A. NO. 4645/2012 IN F.A.(ST.)NO.1120/2012 C.A. NO. 4647/2012 IN F.A.(ST.)NO.1224/2012 WITH CIVIL APPLICATION NO.4550/2014 IN FIRST APPEAL (ST.) NO.1224/2012 WITH C.A. NO. 4551/2014 IN F.A.(ST).NO.1189/2012 C.A. NO. 4881/2014 IN F.A.(ST.)NO.1216/2012 C.A. NO. 4882/2014 IN F.A.(ST.)NO.1220/2012 C.A. NO. 5857/2014 IN F.A.(ST.)NO.1164/2012 WITH CIVIL APPLICATION NO.4642/2012 IN FIRST APPEAL (ST.) NO.1189/2012 WITH C.A. NO. 4644/2012 IN F.A.(ST).NO.1216/2012 C.A. NO. 4646/2012 IN F.A.(ST.)NO.1120/2012 C.A. NO. 4648/2012 IN F.A.(ST.)NO.1224/2012 C.A. NO. 5144/2012 IN F.A.(ST.)NO.1164/2012 The Executive Engineer, Latur Medium Project Division.

...Applicant..

Versus

Kondiba Ram Sirsat and others.

...Respondents...

.....

Shri R.C. Patil, Advocate for the applicant.

Shri M.S. Patil, Advocate for respective respondents. ......

CA 5143/12 & others - 2 - CORAM: M.T. JOSHI, J.

DATE: 13.02.2015 ORDER :

1] Heard both the sides.

2] It is an admitted fact that the Division Bench has already condoned the delay, allowed transposition as sought for and stay to the execution of the impugned awards is granted upon deposit of the entire amount together with up-to-date interest. Copies regarding orders of transposition in the earlier group are marked as Exhibit X for the purpose of identification. 3] In the circumstances, delay of 1142 days caused in filing the appeals is hereby condoned. Transposition as sought for in the civil applications is allowed and stay to the execution of the impugned awards is hereby granted till the decision in the appeals upon deposit of the entire amount together with up-to-date interest by the applicants in this Court within a period of twelve weeks. All these civil applications are accordingly disposed of. (M.T. JOSHI, J.) ndk/c1321544.doc