The Ex. Engineer, Nimna Dudhana Project Div. Sailu, Parbhani v. Dattatraya Umaji Bidve And ORS

{1} 949 CA 4854 OF 2018 & anr.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO. 4854 OF 2018 IN FAST/6784/2018 THE EX. ENGINEER, NIMNA DUDHANA PROJECT DIV. SAILU, PARBHANI

VERSUS

DATTATRAYA UMAJI BIDVE AND ORS ...

WITH 950 CIVIL APPLICATION NO. 4856 OF 2018 IN FAST/6780/2018 THE EX. ENGINEER, NIMNA DUDHANA PROJECT DIV. SAILU, PARBHANI

VERSUS

SATYANARAYAN UTTAM BIDVE AND ORS ...

Advocate for Applicant : Shri Ram B. Deshpande AGP for Respondents - State : Smt.S.S.Raut Advocate for Respondents/claimants : Shri M.P. Tripathi ...

CORAM : P.R.BORA, J.

DATE: 19th September, 2018 PER COURT:- Heard Shri Ram B. Deshpande, learned Counsel for the applicant and Shri M.P.Tripathi, learned Counsel appearing for respondents - claimants. Delay of 584 days has occurred in filing First Appeal (Stamp) No.6784 of 2018, whereas the delay of 393 days has occurred in filing the First Appeal (Stamp) No.6780 of 2018.

{2} 949 CA 4854 OF 2018 & anr. Though, the learned Counsel appearing for the respondents - claimants has opposed for condoning the delay, the reasons as are assigned in the applications are sufficient to condone the delay. I am therefore, inclined to allow both the applications. Hence, the following order:-

ORDER

I) Civil Application Nos.4854 of 2018 and 4856 of 2018 are allowed.

II) The delay caused in filing the Appeals is condoned. III) Appeals be registered in accordance with law. IV) On registration of Appeals, issue notice to the respondents. Learned Counsel Shri M.P.Tripathi waives service for respondents - original claimants. Learned AGP Smt.S.S.Raut waives service for respondents - State. Service complete.

V) List both the Appeals for further consideration on 17.10.2018.

(P.R.BORA) JUDGE SPT