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Bombay High CourtCA/13541/2016disposed offdismissed for default

The Executive Engineer, Nimna Dudhana Project Division,Sailu Thr Jalna Irrigation Div. Jalna And Or v. Vijay Dongarya Kale

2017-01-20Hon'Ble Shri Justice V.K. Jadhav2 pages

1010 ca 13540.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1010 CIVIL APPLICATION NO. 13540 OF 2016 IN FAST/29002/2016 WITH CA/13541/2016 IN FAST/29002/2016 WITH CA/13542/2016 IN FAST/29006/2016 WITH CA/13544/2016 IN FAST/29006/2016 WITH CA/13545/2016 IN FAST/29015/2016 WITH CA/13546/2016 IN FAST/29015/2016 WITH CA/13547/2016 IN FAST/29025/2016 WITH CA/13548/2016 IN FAST/29025/2016 WITH CA/13549/2016 IN FAST/29019/2016 WITH CA/13550/2016 IN FAST/29036/2016 WITH CA/13551/2016 IN FAST/29036/2016 WITH CA/13553/2016 IN FAST/29030/2016 WITH CA/13554/2016 IN FAST/29030/2016 WITH CA/13555/2016 IN FAST/29011/2016 WITH CA/13556/2016 IN FAST/29011/2016 WITH CA/13557/2016 IN FAST/29019/2016 THE EXECUTIVE ENGINEER, NINA DUDHANA PROJECT DIVISION,SAILU THR JALNA IRRIGATION

VERSUS

VIJAY DONGARYA KALE ...

Advocate for Applicant : Patil Ruturaj C.

Advocate for Respondents : Koralkar Arun H.

...

CORAM : V.K. JADHAV, J.

DATE : 20-01-2017.

P.C. :

1.

Heard both the sides. The learned counsel submits that on account of some administrative problem the appeal could not be preferred within limitation. Learned counsel for the respondent claimant strongly resisted the applications.

2.

In view of the above submission and for the reasons stated in the civil application, the delay of 410 days caused in filing the first appeal is hereby condoned. Civil application is allowed and accordingly disposed of.

1010 ca 13540.16.odt 3.

The operation, implementation and execution of the impugned judgment and award is hereby stayed on the condition that the applicants shall deposit entire amount under award in this Court, within a period of 12 weeks from today, failing which this order granting stay shall stand vacated automatically without reference to this Court. Civil application is accordingly disposed of. 4.

Heard. Issue notice to the respondents, returnable on 17.03.2017. Learned counsel Shri A.H. Koralkar, waives for respondent original claimant.

(V.K. JADHAV) JUDGE mub