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Bombay High CourtCAF/1785/2016ca disposed off

The Executive Engineer, Bembla Project Division, Yavatmal v. Ramesh Balkrishna Meshram And Others

2017-07-27Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf1784.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.1784 OF 2016 IN FIRST APPEAL STAMP NO.250 OF 2016 (The Executive Engineer, Bembla Project Division, Yavatmal Vs. Ramesh Balkrishna Meshram and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri S.S. Godbole, Advocate for Applicant/Appellant. Shri S.S. Bhalerao, Advocate for Respondent No.1. Ms. Shamsi Haider, AGP for Respondent Nos.2 & 3. CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 27 th JULY, 2017.

This is an application for condonation of delay in preferring the appeal.

Heard learned counsel for applicant/appellant, learned counsel for respondent No.1 and learned A.G.P. for respondent Nos.2 and 3.

For the reasons stated in paras 2 to 4 of the application, as sufficient cause is made out, the delay is condoned.

The application is allowed with no order as to costs.

First Appeal Stamp No.250/2016:

Heard.

Admit.

Call for R & P.

caf1784.16.O.odt 2 Appellant to file private paper-book within a period of six months, after the receipt of R & P. Notice to respondent No.1 is waived by learned counsel Shri S.S. Bhalerao, whereas respondent Nos.2 and 3 is waived by learned A.G.P. Ms. Shamsi Haider. Civil Application (F) No.1785/2016:

Subject to condition of the appellant depositing the entire amount of compensation is deposited in the Court within a period of eight weeks from the date of this order, stay is granted to the execution of the impugned judgment and award of the Reference Court.

On failure of the appellant to deposit the entire decretal amount within the stipulated period, the stay granted by this Court will stand automatically vacated without further reference to the Court.

The application stands disposed of.

JUDGE NSN