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Bombay High CourtCA/1546/2015admittedallowedgrantedrule absolute

Godavari Marathwada Irrigation Development Corporation, Latur v. Sahadev Dashrat Chikate And Others

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

1 ca 1660.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1660 OF 2015 IN FIRST APPEAL STAMP NO. 12653 OF 2014 Godavari Marathwada Irrigation Development Corporation, Latur .. Applicant

Versus

Narsing Babu Upgandale 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. 1546 OF 2015 IN F. A. ST. NO. 12839 OF 2014 C. A. NO. 1666 OF 2015 IN F. A. ST. NO. 12843 OF 2014 C. A. NO. 1646 OF 2015 IN F. A. ST. NO. 12835 OF 2014 C. A. NO. 1652 OF 2015 IN F. A. ST. NO. 12849 OF 2014 C. A. NO. 1624 OF 2015 IN F. A. ST. NO. 12857 OF 2014 C. A. NO. 1641 OF 2015 IN F. A. ST. NO. 12803 OF 2014 C. A. NO. 1632 OF 2015 IN F. A. ST. NO. 12831 OF 2014 C. A. NO. 1541 OF 2015 IN F. A. ST. NO. 12823 OF 2014 C. A. NO. 1553 OF 2015 IN F. A. ST. NO. 12819 OF 2014 C. A. NO. 1563 OF 2015 IN F. A. ST. NO. 12815 OF 2014 C. A. NO. 1616 OF 2015 IN F. A. ST. NO. 12827 OF 2014 CORAM : S. V. GANGAPURWALA, J.

DATE : 28TH OCTOBER, 2015.

2 ca 1660.15 PER COURT :

.

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