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Bombay High CourtCA/125/2017disposed offdismissed for default

The Godavari Marathwada Irrigations Development Corporation, Aurangabad Thr The Exe Engineer And Or v. Asaram Dnyanoba Hirwe

2017-01-13Hon'Ble Shri Justice V.K. Jadhav2 pages

978 ca 16676.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 978 CIVIL APPLICATION NO. 16676 OF 2016 IN FAST/27852/2016 WITH CA/125/2017 IN FAST/27852/2016 THE GODAVARI MARATHWADA IRRIGATIONS DEVELOPMENT CORPORATION, AURANGABAD THR THE E

VERSUS

ASARAM DNYANOBA HIRWE ...

Advocate for Applicant : Tandale P.R.

...

CORAM : V.K. JADHAV, J.

DATE : 13-01-2017.

P.C. :

1.

Heard. The learned counsel submits that he has instructions to appear on behalf of the respondent original claimants.

2.

The learned counsel for the applicant submits that, due to administrative difficulties the appeal could not be filed within limitation and therefore the delay of 616 days has occurred in filing the appeal. The learned counsel for the respondent original claimants has no objection if the delay is condoned. In view of the above submission and for the reasons stated in the civil application, delay of 616 days caused in filing the first appeal is hereby condoned. Civil application is allowed and accordingly disposed of. 3.

The operation, implementation and execution of the impugned judgment and award is hereby stayed on the condition

978 ca 16676.16.odt that the applicants shall deposit entire amount under award in this Court, within a period of 8 weeks from today, failing which this order granting stay shall stand vacated automatically without reference to this Court. Civil application is accordingly disposed of. (V.K. JADHAV) JUDGE mub