V.I.D.C. Thr. Exe. Engineer, Yavatmal Const. Proj. Div., Yavatmal v. Vasant Devsingh Chavhan And Others

1 917 CAF 2208-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2208/2021 IN FIRST APPEAL ST. NO.697/2021 Vidarbha Irrigation Development Corporation through its Executive Engineer, Yavatmal Vs.

Vasanta Devsing Chavhan 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 applicants Shri S.V. Ingole, Advocate for respondent No.1 Shri A.M. Kadukar, AGP for respondent Nos.2 and 3 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

29/07/ Heard.

2.

The present application is filed for condonation of delay in filing First Appeal. The delay is of 637 days. It is submitted that the delay is caused on some administrative difficulties and some period is consumed in compulsory lock down. The application is vehemently opposed by the respondents.

3.

For the reasons stated in the application particularly in paragraph Nos.3 and 4, I am satisfied that there is no deliberate and intentional delay, as such application is allowed.

4.

The delay in filing First Appeal is hereby condoned.

5.

The application is disposed of accordingly.

6.

Registry is directed to register the First Appeal.

2 917 CAF 2208-2021 CIVIL APPLICATION (CAF) NO.2209/2021 Learned Counsel for the applicant submits that entire decreetal amount will be deposited in this Court within a period of four months.

2.

In view thereof ad-interim relief is granted in terms of prayer Clause- (ii) subject to deposit of decreetal amount within four months.

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