Executive Engineer, Bembla Project Division, Yavatmal v. Shri Sambhaji Bhaduji Datarkar (Dead) Thr. Lrs. Smt. Nanibai Sambhaji Datakar (Deleted) And Others

42.F.A. St.1898.2019.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.2451 of 2019 IN First Appeal Stamp No.1898 of 2019 Executive Engineer Bembla Project Division, Yavatmal Vs. Shri Sambhaji Bhaduji Datarkar (Dead) through LRs. & Ors.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mrs. Ira P. Khisti, Advocate for the Appellant. Ms. T.H. Udeshi, AGP for Respondent Nos.2 and 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 14 th JANUARY, 2021.

Respondent No.1-a is deleted. Respondent Nos.1-b to 1-f absent though duly served.

By this application, the applicant has sought to condone the delay of 230 days in filing the appeal against the judgment and award dated 17/02/2018 passed by the Reference Court in L.A.C. No.868/2012.

In view of the reasons stated in paragraphs 3 and 4 of the application, which in my considered view constitute sufficient cause to condone the delay, application is allowed. Delay is condoned. The civil application stands disposed of.

Appeal be registered after removing office objections, if any. Civil Application (CAF) No.2453/2019 By this application, the applicant seeks stay to the execution

42.F.A. St.1898.2019.

2/2 and implementation of the impugned judgment and award dated 17/02/2018 passed by the Reference Court in L.A.C. No.868/2012. Learned counsel for the appellant states that the principal amount has been deposited before the Reference Court and interest component has been deposited before this Court. In the light of the said statement, execution and implementation of the impugned judgment and award is stayed till the disposal of the appeal.

The civil application stands disposed of.

First Appeal Stamp No.1898 of 2019 Ms. T.H. Udeshi, learned AGP waives service of notice on behalf of respondent Nos.2 and 3.

The appeal be listed for admission after four weeks. (SMT. ANUJA PRABHUDESSAI, J.) vijay