Godawari Marathwada Irrigation Development Corporation Latur v. Dnyanoba Ramkrishna Khandade And Others

1 ca 1158.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1158 OF 2015 IN FIRST APPEAL STAMP NO. 12671 OF 2014 Godavari Marathwada Irrigation Development Corporation, Latur .. Applicant

Versus

Dattatraya Vithoba Hole and others .. Respondents Mrs. Kalpalata B. Bharaswadkar, Advocate for the Applicant. Mrs. P. G. Sontakke, Advocate for the Respondent No. 1. Shri B. V. Virde, A.G.P. for Respondent Nos. 2 and 3. WITH C. A. NO. 1174 OF 2015 IN F. A. ST. NO. 13152 OF 2014 C. A. NO. 1155 OF 2015 IN F. A. ST. NO. 13115 OF 2014 C. A. NO. 1183 OF 2015 IN F. A. ST. NO. 13135 OF 2014 C. A. NO. 1179 OF 2015 IN F. A. ST. NO. 13143 OF 2014 C. A. NO. 1191 OF 2015 IN F. A. ST. NO. 13078 OF 2014 C. A. NO. 1186 OF 2015 IN F. A. ST. NO. 13092 OF 2014 C. A. NO. 1164 OF 2015 IN F. A. ST. NO. 13103 OF 2014 C. A. NO. 1161 OF 2015 IN F. A. ST. NO. 13098 OF 2014 C. A. NO. 1167 OF 2015 IN F. A. ST. NO. 13175 OF 2014 C. A. NO. 1171 OF 2015 IN F. A. ST. NO. 13181 OF 2014 C. A. NO. 1194 OF 2015 IN F. A. ST. NO. 13124 OF 2014 CORAM : S. V. GANGAPURWALA, J.

DATE : 28TH OCTOBER, 2015.

2 ca 1158.15 PER COURT :

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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