Bombay High CourtCAF/585/2021delay condonatedrejected

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Purna Project, Achalpur, Amravati v. Prakash S/O Himmatrao Deshmukh And Others

2022-08-12Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 933caf585.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.585 OF 2021 IN FIRST APPEAL ST. NO.2479 OF 2020 [V.I.D.C. .vs. Prakash s/o Himmatrao Deshmukh 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 A.M. Kukday, Advocate for the applicant, Shri S.S. Alaspurkar, Advocate for respondent no.1, Ms. H.N. Jaipurkar, AGP for respondent nos.2 and 3. .........

C ORAM : SMT. M.S. JAWALKAR, J.

D ATE : 12/08/2022 .

Present application is filed by the applicantappellant for condonation of delay in filing first appeal. There is a delay of 287 days. The delay is caused due to administrative procedure.

For the reasons stated in the application, the application is allowed. The delay in filing first appeal is hereby condoned. Registry is directed to register the first appeal.

Civil Application is allowed and disposed of. Civil Application (CAF) No.1342/2022 Present application is filed by respondent no.1 for grant of permission to withdraw the amount of compensation deposited by the appellant. Application

2 933caf585.21.odt is vehemently opposed by the learned counsel for the appellant.

For the reasons stated in the application, the purpose would be served by allowing respondent no.1 to withdraw fifty percent of amount deposited by the appellant-VIDC. The respondent no.1 is hereby allowed to withdraw fifty percent of amount along with accrued interest.

Registry is directed to disburse the amount as per bank details of the respondent no.1.

Civil Application is allowed and disposed of. Civil Application (CAF) No.586/2021 Present application is filed by the appellantVIDC for grant of stay. As total decreetal amount is deposited by the appellant-VIDC on 28.07.2021, the interim order granted vide order dated 5.3.2021 is hereby confirmed. Civil Application is allowed and disposed of. [Smt. M.S. Jawalkar, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur