Bombay High CourtCAF/571/2021ca disposed off

Executive Engineer, Bembla Project, Yavatmal Division, Yavatmal v. Vinod Shamrao Bhagat And Others

2021-12-06Hon'Ble Shri Justice M.S. Sonak2 pages

1 caf571.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.571 OF 2021 IN FIRST APPEAL ST. NO. 2673 OF 2020 [Executive Engineer .vs. Vinod Shamrao Bhagat and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court' s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : M.S. SONAK, J.

DATED : DECEMBER 06, 2021.

On the last occasion, Mr S.U. Bhuyar, learned counsel has undertaken to appear on behalf of respondent no.1 and file reply. Learned Assistant Government Pleader had also waived service on behalf of respondent nos.2 and 3. Till date, no replies have been filed. Therefore, even though the learned counsel for the applicant is not present.

The application sets out that there was some delay in procuring court fees and further some time was also spent for obtaining opinion of concerned officers/legal adviser.

Having regard to the cause shown in the application and since the dates and particulars have been supplied, the delay of 202 days in filing appeal is hereby condoned. Civil Application is disposed of.

2 caf571.21.odt FIRST APPEAL NO. OF 2021 Since the application for condonation of delay has been disposed of, the appeal is admitted. CIVIL APPLICATION [CAF] NO.572 OF 2021 On the application for grant of stay, ad-interim relief, staying the execution of the award, is granted, subject to the applicant depositing in this Court entire awarded amount together with interest thereon, within eight weeks from today. If the amount is not deposited, then ad-interim relief stand vacated, without further reference to the court.

Place the matter for confirmation of ad-interim relief, if the amount is deposited, after ten weeks.

[M.S. SONAK, J.] Gulande