V.I.D.C. Through Its Executive Engineer, Bembla Project Division, Yavatmal And Another v. Shri Sanjay Ramchandra Mahure And Others

5 A CA 3869-2018.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION NO. 3795 OF 2018 IN FIRST APPEAL ST. NO. 2279 OF 2018 Vidarbha Irrigation Development Corporation through its Executive Engineer, Bembla Project Division, Yavatmal Tq.Dist. Yavatmal and another Vs.

Shri Sanjay Ramchandra Mahure and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri M.A. Kadu, Advocate for applicants Shri S.O. Ahmed, Advocate for respondent Nos. 1& 3 to 6. Shri K.L. Dharmadhikari, AGP for respondent Nos.7 & 8 CORAM :- A.S.CHANDURKAR AND N.B.SURYAWANSHI, JJ.

DATED :- DECEMBER 14, 2020.

CIVIL APPLICATION (CAF) NO. 3795 OF 2018 This is an application seeking condonation of delay of 89 days in filing appeal against the impugned judgment and award in LAC No. 104 of 2009.

Heard learned Assistant Government Pleader and learned advocate representing the respondents. Since satisfactory reasons are given in the application for condonation of delay, we allow the application in terms of prayer clause (i). Civil application is disposed of.

5 A CA 3869-2018.odt 2 FIRST APPEAL ST. NO. 2279/2018 At the outset learned counsel for the appellants seeks permission to delete the name of the respondent No.2 as she is no more. The permission is granted on oral request at the risk of appellants. The necessary amendment be carried out during the course of the day.

Heard.

Admit.

Shri S.O. Ahmed, learned Advocate waives service for respondent Nos. 1 and 3 to 6 and Shri K.L.Dharmadhikari, Learned Assistant Government Pleader waives for respondent Nos. 7 and 8.

CIVIL APPLICATION (CAF) NO. 3796/2018 This is an application seeking stay to the impugned judgment and award passed in L.A.C. No. 104 of 2009 by the learned Civil Judge, Senior Division, Yavatmal. In terms of order dated 10/04/2019 the appellant was directed to deposit 50% of enhanced compensation in this Court within a period of eight weeks. The said order is complied with as 50% of enhanced amount of compensation deposited in this Court.

In that view of the matter, civil application is allowed in terms of prayer clause (i). Civil application is disposed of.

JUDGE JUDGE J.Pethe..