The Ex. Engineer, Irrigation Department Osmanabad And ORS v. Vyankatrao Nivruti Kawade

ca 16060.22+stay delay.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CA/16060/2022 IN FAST/2383/2020 THE G.M.I.D.C. THR EXE. ENGINEER DIV., OSMANABAD AND OTHERS

VERSUS

VYANKATRAO NIVRUTI KAWADE ...

WITH CA/16061/2022 IN FAST/2383/2020 WITH CA/16068/2022 IN FAST/2623/2020 WITH CA/16070/2022 IN FAST/2623/2020 WITH CA/16062/2022 IN FAST/2626/2020 WITH CA/16063/2022 IN FAST/2626/2020 WITH CA/16065/2022 IN FAST/2629/2020 WITH CA/16066/2022 IN FAST/2629/2020 WITH CA/8241/2023 IN FAST/2629/2020 ...

Advocate for Applicants : Mr. H.P. Kshirsagar AGP for Respondents: Mr. P.M. Kulkarni Advocate for Respondents : Mr. S.A. Deshmukh ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated: July 07, 2023 ...

PER COURT :- 1.

So far as the applications for condonation of delay are concerned, the applicants seek to condone the delay of 613 days caused in filing the appeal against the judgment and award passed by the Reference court.

2.

Learned advocate appearing for the applicants invites attention of this Court to the reasons stated in paragraph no.3 of the application to contend that delay is caused on account of the procedural aspects and administrative compliance. He, therefore, submit that delay is not intentional one.

3.

Learned advocate appearing for the respondents opposed the application on the ground that sufficient cause is not made out. aaa/-

ca 16060.22+stay delay.odt 4.

Having considered the reasons as stated in the application and submissions advanced, the sufficient cause is made out to condone the delay. Hence, the applications for condonation of delay are allowed. Delay of 613 days caused in filing the appeals are condoned. Applications are disposed off.

5.

First Appeals be registered.

ORDER ON STAY APPLICATIONS :- .

Issue notice to the respondents, returnable on 1.9.2023. Learned AGP waives notice for respondents State. There shall be ad-interim stay to the judgment and award passed by the Reference Court dated 2.2.2018 by common judgment in LAR No.493 of 2014 (old 728/2011) with connected LARs subject to the condition that the applicants deposits entire amount of award alongwith interest up to date with the Registry of this Court by returnable date i.e. 1.9.2023.

( S. G. CHAPALGAONKAR, J. ) ...

aaa/-