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Bombay High CourtCA/7475/2018disposed offdismissed for default

Executive Engineer, Beed Irrigation Div. Beed Under Gmidc, Aurangabad And ANR v. Dadarao Muktaji Dutal

2018-06-15Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) ca7475.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7475 OF 2018 WITH CIVIL APPLICATION NO.7478 OF 2018 Executive Engineer, Beed Irrigation Div. Beed under GMIDC, Aurangabad Anr Vs Dadarao Muktaji Dutal Mr.B.R.Surwase, Advocate for the applicant Mr.P.N.Muley, Advocate for respondent CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

15.06.2018 P.C. :- .

By way of these applications the applicant/appellant is before this Court praying for extension of period to deposit the amount in this Court and to comply the order of this Court dated 02.02.2018. Perusal of the annexures to the application shows that on 02.02.2018 while issuing notice the Division Bench of this Court was pleased to grant interim relief in favour of the applicant/appellant subject to condition that the applicant deposits 75% amount under the award within ten weeks i.e. from the date of order i.e. 02.02.2018. The stipulated period of ten weeks was expired on 13.04.2018.

( 2 ) ca7475.18 2.

Mr.Surwase, learned counsel appearing for the applicant/appellant by inviting our attention to the grounds raised in the application submitted that due to procedural difficulty as well as communication gap the amount could not be deposited within stipulated period. Our attention was also invited to the copy of communication placed on record.

2.

In view of the submissions of the learned counsel appearing for the applicant and for the reasons stated in the application, we allow the application by permitting the applicant to deposit the amount in this Court in compliance of the order of this Court dated 02.02.2018 within four weeks from today subject to payment of cost of Rs.5,000/- (Rupees Five Thousand Only) to be paid within two weeks towards the Legal Service Authorities of this Court. The civil applications stand disposed of accordingly.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] VishalK/ca7475.18