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Bombay High CourtCAF/2398/2018admittedallwdgrantedrule absolute

V.I.D.C. Through Its Executive Engineer, Yavatmal Project Const. Div., Yavatmal And Another v. Suhas Kevalsing Rathod And Others

2018-12-20Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 caf2398.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAF NO.2398/2018 IN FIRST APPEAL ST. NO.3155/2018 [V.I.D.C. and one .vs. Suhas Kevalsing Rathod 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 J.B. Kasat, Advocate for appellants, Shri R.J. Shinde, Advocate for respondent no.1, Shri M.A. Kadu, AGP for respondent nos.2 and 3. ..........

CORAM : N.W. SAMBRE, J.

DATED : DECEMBER 20, 2018.

For the reasons disclosed in the application, the delay stands condoned, as it is claimed by the appellants that the entire amount of compensation is deposited with the reference court. Civil Application stands disposed of.

FIRST APPEAL ST. NO.3155/2018 Heard.

Since it is pointed out by the learned counsel for the appellants that First Appeal being No.1408/2017 arising out of L.A.C. No.237/2005 decided by the Civil Judge, Senior Division, Yavatmal is already admitted by this Court and the said LAC judgment is relied upon in the judgment under challenge in this appeal for granting enhanced compensation, the present appeal also needs consideration. Hence, Admit. Shri R.J. Shinde, learned counsel, waives notice for respondent no.1.

Shri M.A. Kadu, learned A.G.P. waives notice for respondent nos.2 and 3.

To be heard with First Appeal No.1408/2017.

This court on 06.07.2018 already granted 16 weeks time to the appellants to deposit the amount of compensation. If the entire

2 caf2398.18.odt amount of compensation with interest is not deposited in this court within a period of four weeks from today, appeal shall stand dismissed without further reference to the court. JUDGE Gulande