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Bombay High CourtCA/1328/2015

Gmidc Thr. The Executive Engineer Minor Irrigation Div. Latur v. Balkrishna Jeevanrao Phadnish And Others

2015-10-28Hon'Ble Shri Justice S V Gangapurwala2 pages

1 ca 1337.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1337 OF 2015 IN FIRST APPEAL STAMP NO. 12641 OF 2014 Godavari Marathwada Irrigation Development Corporation, Latur .. Applicant

Versus

Vitthal Nivrutti Kale and others .. Respondents Mrs. Kalpalata B. Bharaswadkar, Advocate for the Applicant. Mrs. P. G. Sontakke, Advocate for the Respondent No. 1. Shri P. N. Kutti, A.G.P. for Respondent Nos. 2 and 3. WITH C. A. NO. 1328 OF 2015 IN F. A. ST. NO. 12768 OF 2014 C. A. NO. 1322 OF 2015 IN F. A. ST. NO. 12782 OF 2014 C. A. NO. 1334 OF 2015 IN F. A. ST. NO. 12745 OF 2014 C. A. NO. 1331 OF 2015 IN F. A. ST. NO. 12759 OF 2014 C. A. NO. 1319 OF 2015 IN F. A. ST. NO. 12792 OF 2014 C. A. NO. 1325 OF 2015 IN F. A. ST. NO. 12775 OF 2014 C. A. NO. 1343 OF 2015 IN F. A. ST. NO. 12799 OF 2014 C. A. NO. 1340 OF 2015 IN F. A. ST. NO. 12807 OF 2014 C. A. NO. 1316 OF 2015 IN F. A. ST. NO. 12811 OF 2014 CORAM : S. V. GANGAPURWALA, J.

DATE : 28TH OCTOBER, 2015.

PER COURT :

.

Heard Mrs. Bharaswadkar and Mrs. Sontakke, the learned counsel for respective parties. Mrs. Sontakke, the learned

2 ca 1337.15 counsel opposes the applications on the ground no sufficient cause is stated.

2.

It appears that, the applicant is a corporation. The present applicant was not added as party in the capacity of corporation, but the Executive Engineer of Irrigation Division was added as party. The impugned award is executable against the corporation and it is only after the applicant got the knowledge, the proceedings for obtaining certified copies, legal opinion were taken up.

3.

In the light of the above and for the reasons stated in applications, the applications are allowed. The delay is condoned. The civil applications are disposed of. [ S. V. GANGAPURWALA, J. ] bsb/Oct. 15