Bombay High CourtCA/2881/2013disposed offdismissed for default

Executive Engineer, B.M.I.D. v. The State Of Mah And ORS

2017-04-21Hon'Ble Shri Justice V.K. Jadhav2 pages

*1* 974.ca.2885.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2885 OF 2013 IN FAST/3376/2013 WITH CA/2881/2013 IN FAST/3385/2013 WITH CA/2882/2013 IN FAST/3385/2013 WITH CA/2883/2013 IN FAST/3379/2013 WITH CA/2884/2013 IN FAST/3379/2013 WITH CA/2886/2013 IN FAST/3376/2013 WITH CA/2887/2013 IN FAST/3370/2013 WITH CA/2888/2013 IN FAST/3370/2013 WITH CA/2889/2013 IN FAST/3393/2013 WITH CA/2890/2013 IN FAST/3393/2013 WITH CA/2891/2013 IN FAST/3389/2013 WITH CA/2892/2013 IN FAST/3389/2013 WITH CA/2893/2013 IN FAST/3245/2013 WITH CA/2894/2013 IN FAST/3245/2013 EXECUTIVE ENGINEER, B.M.I.D.

VERSUS

THE STATE OF MAH AND ORS ...

Advocate for Applicant : Shri Surwase B.R.

AGP for Respondents: Shri R.B.Bagul.

Advocate for Respondents : Shri Deshmukh Ramraje A. for R/2 To R/5. ...

CORAM: V.K. JADHAV, J.

DATE :- 21st April, 2017 Per Court:

Heard both the sides.

The learned counsel for the Respondents/ Claimants has strongly resisted the application on the ground that the delay has not been explained satisfactorily.

For the reasons stated in the Civil Applications, delay of 184 caused in filing the appeals is hereby condoned. The Civil Applications for

*2* 974.ca.2885.13 condonation of delay are, accordingly, disposed of. Heard the learned counsel on the First Appeals. Issue notice to the Respondents in the First Appeals, returnable on 24.07.2017. The learned counsel for the respective Respondents waive service. Insofar as the Civil Applications for stay are concerned, pending the hearing and final disposal of the First Appeals, the execution, implementation and operation of the impugned judgment and award under the appeals is hereby stayed on the condition that the Applicant shall deposit the entire amount under the award with accrued interest thereon, in this Court, within a period of 12 (twelve) weeks from today, failing which the order granting stay shall stand vacated automatically without further reference to the Court. The Civil Applications for stay are, accordingly, disposed of.

(V.K. JADHAV, J.) KPS.