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Bombay High CourtCAF/2873/2014dispossed offdismiss for default

Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer, Amravati v. Balkrushna Asatkar Since Dead Through Lrs Devidas Balkrushna Asatkar And 4 Others

2016-01-08Hon'Ble Shri Justice Ravi K. Deshpande2 pages

0801caf2873.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.2873 of 2014 In First Appeal Stamp No.2723 of 2014 (M.I.D.C., through its Chief Executive Officer, Regional Office at By Pass Road, Amravati v. Balkrushna Asatkar (Dead), through LRs. Devidas Balkrushna Asatkar and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri D.S. Agnihotri, Advocate for Applicant.

Shri M.M. Ekre, AGP for Respondent Nos.4 and 5. Coram : R.K. Deshpande, J.

Date : 8 th January, 2016 Civil Application No.2873 of 2014 :

There is a delay of 149 days caused in filing an appeal. The notices were issued. All the respondents are served. No reply is filed. The application is not opposed. After going through the contents of the application, I am satisfied that a sufficient cause is made out for condonation of delay. Hence, the delay caused is condoned. The civil application is disposed of. First Appeal Stamp No.2723 of 2014 :

Heard.

Admit.

0801caf2873.14.odt Shri Ekre, the learned AGP, waives service of notice for the respondent Nos.4 and 5.

The other respondents be served by RPAD in addition to regular mode of service.

Call for R & P.

The interim order passed by this Court shall continue to operate pending the decision of the appeal.

The appellant to deposit the entire decretal amount in this Court within a period of two weeks from today along with the costs of Rs.500/- to be paid to the High Court Bar Association, Nagpur, failing which the interim order granted shall stand vacated without reference to the Court and thereupon the Executing Court shall proceed to execute the decree expeditiously.

Judge.

Lanjewar