V.I.D.C. Thr. Exe. Engineer, Lower Wardha Canal Division, Wardha v. Shailesh S/O Kusumkar Talvekar And Others

caf.683.21 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.683 of 2021 in First Appeal St.No.2758 of 2020 Vidarbha Irrigation Development Corporation vs.

Shailesh Kusumkar Talvekar & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.M. Kukday, Advocate for the Applicant-Appellant. Ms. H.N. Jaipurkar, A.G.P. for Respondent Nos.5 & 6.

CORAM

: S.M. MODAK, J.

DATE : 22 nd JUNE, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Heard.

Today the matter has come up for the first time. There is delay of 50 days caused in preferring the appeal. The appellant took time in obtaining an opinion for preferring an appeal and making arrangement for the finances for the court fee. The delay is satisfactorily explained.

Ms. Jaipurkar, learned A.G.P. waives notice for respondent Nos.5 & 6.

Even if, notice will be issued to respondent Nos.1 to 4 - claimants, this Court is going to condone the delay even after appearance. So in order to save the time, the delay can be condoned today itself subject to costs of Rs.500/- to be paid to respondents-claimants. Hence, the order :

caf.683.21 2/2 The delay of 50 days in preferring an appeal is condoned subject to payment of costs of Rs.500/- (Rupees Five Hundred Only) to be paid to the respondents-claimants within a period of one month from today. The costs be deposited in the Office of this Court.

First Appeal St. No.24501/2019:

Heard.

Admit.

Learned A.G.P. Ms. Jaipurkar waives notice for respondent Nos.5 & 6.

Issue notice to respondent Nos.1 to 4, returnable after eight weeks Call for record and proceedings.

Civil Application [CAF] No.684/2021:

Heard.

Stay is granted to the execution and implementation of the impugned judgment and award subject to deposit of the entire decretal amount within a period of eight weeks.

The application is disposed of.

JUDGE *sandesh