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Bombay High CourtCAF/2218/2021delay condonatedrejected

V.I.D.C. Thr. Exe. Engineer, Yavatmal Const. Proj. Div., Yavatmal v. Sanjay Atmaram Tarte And Others

2022-08-03Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 28 caf 2218-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2218/2021 IN FIRST APPEAL ST. NO.715/2021 Vidarbha Irrigation Development Corporation through its Executive Engineer, Yavatmal Vs.

Sanjay Atmaram Tarte and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Anjali Agrawal, Adv. h/f Ms A.S. Athalye, Adv. for appellant Ms H.N. Jaipurkar, AGP for respondent Nos.7 and 8 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

03/08/ Heard.

2.

The present application is filed for condonation of delay in filing the First Appeal. The delay is of 757 days.

3.

Learned Counsel for respondent vehemently opposed the application. However considering the reasons, the application is allowed.

4.

Considering the reasons stated in paragraph Nos.3 and 4 of the application, I am satisfied that there is no intentional delay and due to administrative procedure the delay has been caused.

5.

Delay in filing First Appeal is hereby condoned.

6.

Civil Application is allowed and disposed of. 7.

Registry is directed to register the First Appeal.

2 28 caf 2218-2021 CIVIL APPLICATION (CAF) NO.2219/2021 On undertaking given by the learned Counsel for appellant on instructions that decreetal amount will be deposited in the Court within two weeks, the interim stay is granted to the effect and operation of the impugned judgment dated 17/09/2018 in LAC No.20/2008, during the pendency of this appeal, subject to deposit the decreetal amount.

2.

The application is disposed of accordingly.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE