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Bombay High CourtCA/12439/2010disposed offdismissed for default

Godavari Khore Marathwada Irrigation Development Corporation Through The Exe Engineer v. Ashruba Ganpati Aage And ORS

2018-10-05Hon'Ble Shri Justice P.R. Bora2 pages

1 12468.2010.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

943 CIVIL APPLICATION NO.12468 OF 2010 IN FAST/14126/2010 WITH CA/12438/2010 IN FAST/14634/2010 CA/12439/2010 IN FAST/14634/2010 CA/12440/2010 IN FAST/14634/2010 CA/12441/2010 IN FAST/14641/2010 CA/12442/2010 IN FAST/14641/2010 CA/12443/2010 IN FAST/14641/2010 CA/12444/2010 IN FAST/14559/2010 CA/12445/2010 IN FAST/14559/2010 CA/12446/2010 IN FAST/14559/2010 CA/12450/2010 IN FAST/14583/2010 CA/12451/2010 IN FAST/14583/2010 CA/12452/2010 IN FAST/14583/2010 CA/12467/2010 IN FAST/14126/2010 CA/12469/2010 IN FAST/14126/2010 G.M.I.D.C. THROUGH THE EXECUTIVE ENGINEER ..Applicant

VERSUS

SHESHRAO BAJIRAO THOSAR (DIED) LRS ASHOK SHESHRAO THOSAR AND ORS ..Respondents ...

Advocate for Applicant : Smt G.L. Deshpande;

Advocate for Respdts No.1 (i) to (iv) & 2 to 8 : Shri D.R. Jayabhar ; AGP for Respondent No.9 - State : Shri P.G. Borade. ...

CORAM : P.R. BORA, J.

Dated: October 05, 2018 PER COURT :

1.

Heard the learned Counsel appearing for the respective parties.

2.

In view of the fact that, the Acquiring Body was not

2 12468.2010.CA.doc made party in the proceeding before the Reference Court and fact of passing of the Award was noticed by the Acquiring Body late because of that, the delay deserves to be condoned. It is accordingly condoned. Civil Applications for condonation of delay stand disposed of.

3.

For the reasons aforesaid, the applications seeking leave to file appeal also stand allowed.

4.

The appeals be registered in accordance with law. 5.

On registration of the appeals, issue notice to the respondents. Learned Counsel Shri Jaybhar waives service of notice for the respondents - Orig. Claimants. Learned AGP Shri Borade waives service of notice for Respondent No.9 - State.

6.

Keep the appeals for further consideration on 10.10.2018. High on Board.

( P.R. BORA, J. ) ...

ggp