Bombay High CourtCA/8317/2017disposed offdismissed for default

The Ex. Engineer, Minor Irrigation Division, Osmanabad And ORS v. Rambhau Goroba Adsul And ORS

2019-02-22Hon'Ble Shri Justice P.R. Bora3 pages

{1} CA 8317 OF 2017 & ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO.8317 OF 2017 IN FAST/16744/2017 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS

VERSUS

RAMBHAU GOROBA ADSUL AND ORS ...

WITH CA/8318/2017 IN FAST/16744/2017 WITH CA/8319/2017 IN FAST/17069/2017 WITH CA/8320/2017 IN FAST/17069/2017 WITH CA/8321/2017 IN FAST/17072/2017 WITH CA/8322/2017 IN FAST/17072/2017 WITH CA/8323/2017 IN FAST/17066/2017 WITH CA/8324/2017 IN FAST/17066/2017 WITH CA/8325/2017 IN FAST/17054/2017 WITH CA/8326/2017 IN FAST/17054/2017 WITH CA/8327/2017 IN FAST/17057/2017 WITH CA/8328/2017 IN FAST/17057/2017 WITH CA/8329/2017 IN FAST/17060/2017 WITH CA/8330/2017 IN FAST/17060/2017 WITH CA/8331/2017 IN FAST/17063/2017 WITH CA/8332/2017 IN FAST/17063/2017 ...

Advocate for Applicants : Shri Suresh D. Dhongade AGP for co-applicant State : Shri P.M.Kulkarni Advocate for Respondents - claimants : Shri Rahul D. Khadap ...

CORAM : P.R.BORA, J.

DATE: 22nd February, 2019 PER COURT:- Shri R.D.Khadap, learned Counsel submits that he has instructions to appear in all these matters for original claimants and he will file his Vakalatnama within two weeks.

{2} CA 8317 OF 2017 & ORS Delay of 1215 days has occurred in filing these appeals by the Acquiring Body. It is contended that in making procedural compliances delay has been caused in filing the appeals. Learned Counsel appearing for the respondents has not seriously disputed for condoning the delay.

In view of the facts as above and reasons as are stated in the application, I am inclined to allow the applications for condonation of delay. Hence, the following order is passed:-

ORDER

I) Applications for condonation of delay are allowed.

II) Delay caused in filing the appeals is condoned. III) Applications for condonation of delay stand disposed of.

IV) Appeals be registered in accordance with law. V) After registration of the appeals, issue notice to the respondents in the appeals as well as in applications for stay. Shri R.D.Khadap, learned Counsel waives service of notice for respondents - claimants. Service complete.

{3} CA 8317 OF 2017 & ORS VI) The execution of the awards impugned in the present appeals shall stand stayed subject to deposit of the entire amount under each of the said awards by the Acquiring Body with interest accrued thereon in this Court within a period of eight weeks from the date of this order.

VII) Applications for stay stand disposed of.

VIII) List the appeals for further consideration on 22.04.2019.

IX) Call Record and Proceedings.

(P.R.BORA) JUDGE SPT