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Bombay High CourtCA/12402/2023delay condonatedrejected

The Ex. Engineer, Osmanabad Medium Project Div. Osmanabad And ORS v. Digambar Vithoba Pawar Died His L.Rs. Malan Digambar Pawar And ORS

2023-10-27Hon'Ble Shri Justice Arun R. Pedneker2 pages

12402.23CA+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO.12402 OF 2023 IN FAST/31066/2023 WITH CA/12403/2023 IN FAST/31066/2023 WITH CA/12404/2023 IN FAST/31076/2023 WITH CA/12405/2023 IN FAST/31076/2023 THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIV. OSMANABAD & OTHERS

VERSUS

DIGAMBAR VITHOBA PAWAR DIED HIS L.RS. MALAN DIGAMBAR PAWAR & OTHERS ...

Advocate for Applicants : Adv.S.D.Shelke Advocate for the respondents : Adv.M.K.Jadhav h/f. Mr.A.S.More ...

CORAM :ARUN R. PEDNEKER, J.

DATE :27.10.2023 P.C. :

A] ORDER IN CIVIL APPLICATIONS FOR STAY 1] The learned counsel for the applicants has produced the order dated 14th January, 2021 passed by this Court in Civil Application No.593 of 2021 in First Appeal Stamp No.25955 of 2020 wherein this Court has granted ad-interim stay subject to deposit of 50% amount of compensation within a period of 12 weeks as directed by the Reference Court.

12402.23CA+ 2] In view of the same, ad-interim stay is granted to the impugned award subject to deposit of 50% amount of compensation as directed by the Reference Court along with interest accrued thereon till the date within a period of 12 weeks from today.

B] ORDER IN CIVIL APPLICATIONS FOR DELAY 1] The present Civil Applications are filed to condone the delay of 302 days in filing First Appeals. 2] Heard the learned counsel for the parties.

3] For the reasons stated in the Civil Applications, the same are allowed. Delay is condoned. Appeals are registered. Civil Applications are disposed of accordingly. 4] Issue notice to the respondents in First Appeals, returnable on 9th February, 2024. Mr.A.S.More, learned counsel waives notice for the respondents - original claimants in First Appeals.

[ARUN R. PEDNEKER] JUDGE DDC