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Bombay High CourtCA/9234/2023delay condonatedrejected

The Exe. Engineer M.I.D. No.1, Aurangabad v. Uttam Bhaulal Kuklare And ANR

2023-09-11Hon'Ble Shri Justice Arun R. Pedneker2 pages

9234.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 64 CIVIL APPLICATION NO.9234 OF 2023 IN FAST/22164/2023 WITH CIVIL APPLICATION NO.9235 OF 2023 IN FAST/22164/2023 WITH FIRST APPEAL STAMP NO.22164 OF 2023 THE EXECUTIVE ENGINEER, M.I.D. NO.1, AURANGABAD

VERSUS

UTTAM BHAULAL KUKLARE & ANOTHER ...

Advocate for the applicant : Adv.S.V.Gaikwad AGP for Respondent-State : Mr.K.B.Jadhavar Advocate for Respondent no.1 : Mr.R.N.Pahune Patil h/f. Mr.N.J.Pahune Patil ...

CORAM :ARUN R. PEDNEKER, J.

DATE :11.09.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR CONDONATION OF DELAY:

1] The present Civil Application is filed to condone the delay of 333 days in filing the First Appeal. 2] The learned counsel for the respondents has no objection to allow the present Civil Application.

9234.23CA 3] For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Civil Application is disposed of accordingly.

B] ORDER IN CIVIL APPLICATION FOR STAY AND FIRST APPEAL :

1] Issue notice to the respondents, returnable on 20th December, 2023.

2] There shall be ad-interim stay to the impugned Award passed by the 2nd Joint Civil Judge S.D. Vaijapur in LAR No.1209 of 2010 subject to deposit of 100% award amount of compensation as directed by the Reference Court along with accrued interest thereon within 12 weeks from today.

[ARUN R. PEDNEKER] JUDGE DDC