Bombay High CourtCAF/49/2021disposed off as a withdrawn

Executive Engineer, Lower Wardha Project Division v. Dnyaneshwar Uttamrao Chore And 2 Others

2021-06-24Hon'Ble Shri Justice S.M. Modak2 pages

fa.758.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.49 of 2021 in First Appeal No.758 of 2015 Executive Engineer, Lower Wardha Project Division, Wardha vs.

Dnyaneshwar Uttamrao Chore & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri C.R. Najbile, Advocate for the Applicant/Respondent No.1. Shri U.A. Gosavi, Advocate for the Appellant. Ms. H.N. Jaipurkar, A.G.P. for Respondent Nos.2 & 3.

CORAM

: S.M. MODAK, J.

DATE : 24 th JUNE, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Learned Advocate Shri Najbile for the applicant/respondent No.1 fairly submitted that now he does not want to press the application for withdrawal of the amount. This application was filed by him when the appeal was dismissed. As now the appeal is restored and he is not pressing the application.

The application is disposed of as not pressed. First Appeal No.758/2015 :

According to respondent No.1, the issue involved in this appeal is covered as per the judgment given in First Appeal No.313/2015. Learned Advocate Shri Gosavi for the appellant prays time to take instructions from the appellant.

fa.758.15 2/2 There is also a request to fix First Appeal No.10/2016 for final hearing. The request is made as the parties are same, though that appeal is not connected to the present appeal.

Matter be fixed for final hearing on 10th August, 2021.

Office is also directed to list First Appeal No.10/2016 on that date itself for final disposal. This direction is given under the assumption that the appeal is ready for final hearing.

JUDGE *sandesh