The Ex. Engineer, Irrigation Project Strengthening Division, Omerga v. Gulab Abdul Sayyed

2024:BHC-AUG:19550 ca 10929.23+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 CIVIL APPLICATION NO. 10929 OF 2023 (Delay) IN FAST/13709/2023 The Ex. Engineer, Irrigation Project Strengthening Division, Omerga

VERSUS

Gulab Abdul Sayyed ...

Advocate for Applicant : Ms. V S Swami h/f M.S.Swami Mr. K.B. Jadhavar AGP for respondent State.

Advocate for Respondent 1 : Mr. R.V. Naiknavare ...

WITH CIVIL APPLICATION NO. 10930 OF 2023 (stay) IN FAST/13709/2023 ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : August 23, 2024 ORDER :- Delay Application :- 1.

Heard learned advocates appearing for the respective parties.

2.

The applicant seeks to condone delay of 138 days caused in filing the appeal against the award passed by the Reference Court.

3.

Considered the submissions advanced and averments in the application, case is made out to condone the delay. Hence application is allowed and disposed off. Appeal be registered. On registration of the appeal, issue notice to the Respondents.

ca 10929.23+.odt Learned AGP waives notice for Respondents-State. Mr. Naiknavare, learned advocate waives notice for respondent no.1.

3.

Call for Record and Proceeding.

Stay Application :- 4.

Heard. Issue notice to the Respondents, returnable on 19.11.2024.

5.

Considering the submissions advanced, there shall be adinterim stay to the judgment and award under appeal subject to condition that applicant deposits entire amount of award with the Registry of this Court within a period of 12 weeks from today. If the amount is not deposited within stipulated period, interim stay shall cease to operate without further reference to this Court.

( S. G. CHAPALGAONKAR, J. ) ...

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