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Bombay High CourtCAO/40/2017ca disposed off

Executive Engineer, Amravati Irrigation Division, Amravati v. Ajaykumar S/O. Narendraprasad Shrivastav And Others

2017-01-20Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao40.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NO. 40 OF 2017 IN FIRST APPEAL NO.1076 OF 2016 (Executive Engineer, Amravati Irrigation Division, Amravati ..vs.. Ajaykumar s/o Narendraprasad Shrivastav and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.G. Palshikar, Advocate for the appellant, Shri M.L. Jadhav, Advocate h/f. Shri R.J. Shinde, Advocate for the respondent No.1, Smt. Mrunal S. Naik, A.G.P. for the respondent Nos.2 and 3. CORAM : Z.A. HAQ, J.

DATED : 20-01-2017 By this application, the appellant seeks permission to deposit cheque for the amount as per the impugned award. By the order dated 02-04-2016, this Court disposed Civil Application No.537/2016 recording that if the amount as per the impugned award is deposited within eight weeks, there shall be stay to the execution of the impugned award and if the amount is not deposited within eight weeks, the application shall stand dismissed without reference to the Court. The appellant has not filed any application for grant of further time to comply with the order to deposit the amount.

2 cao40.17 In view of the order passed on 02-04-2016, the prayer made in the present application cannot be considered.

The civil application is dismissed with costs of Rs.5,000/- to be paid by the appellant to the claimant JUDGE adgokar