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Bombay High CourtCA/8495/2015admittedallowedgrantedrule absolute

Executive Engineer, Irrigation Project Strengthening Division, Omerga And Others v. Narayan Vitthal Deokar

2017-02-03Hon'Ble Shri Justice V.K. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8499 OF 2015 IN FAST/13555/2015 WITH CA/8493/2015 IN FAST/13910/2015 WITH CA/8494/2015 IN FAST/13910/2015 WITH CA/8495/2015 IN FAST/13913/2015 WITH CA/8496/2015 IN FAST/13913/2015 WITH CA/8497/2015 IN FAST/13921/2015 WITH CA/8498/2015 IN FAST/13921/2015 WITH CA/8501/2015 IN FAST/13555/2015 WITH CA/8502/2015 IN FAST/13906/2015 WITH CA/8503/2015 IN FAST/13906/2015 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING DIVISION, OMERGA AND OTHERS

VERSUS

SURESH RAOSAHEB DEOKAR AND OTHERS ...

Advocate for Applicants : Mr. Sangle Shirish G. Advocate for Respondents : Mr. L.C. Patil .....

CORAM : V. K. JADHAV, J.

DATED : 3rd FEBRUARY, 2017 PER COURT:- 1.

Heard both sides.

2.

Learned counsel appearing for the applicants submits that due to some administrative difficulties, the appeals could not be preferred within time. Learned counsel appearing for the respondents claimants has strongly resisted the applications. In view of above and for the reasons stated in civil applications, delay caused in preferring first appeals is hereby condoned. Civil applications are allowed and disposed of accordingly.

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In first appeals, issue notice to the respondents, returnable on 03.03.2017. Learned counsel waives notice for respondentsclaimants. Call for record and proceedings. 4.

In so far as stay applications are concerned, pending, the hearing and final disposal of first appeals, the execution, implementation and operation of the impugned judgment and award under appeals is hereby stayed on the condition that the applicant shall deposit entire amount under award with accrued interest thereon, in this Court, within a period of 12 (twelve) weeks from today, failing which the order granting stay shall stand vacated automatically without further reference to the Court. Civil applications for stay are accordingly disposed of. ( V. K. JADHAV, J.) rlj/