Bombay High CourtCAF/3571/2018ca disposed off

V.I.D.C. Through Executive Engineer, Bembla Project, Yavatmal And Another v. Sau. Indubai Tulsiram Bhagat And Others

2019-08-08Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

caf3571 & 3572.18 &cao 848.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3571 OF 2018 with CIVIL APPLICATION (CAF) NO. 3572 OF 2018 with CIVIL APPLICATION (CAO) NO. 848 OF 2019 in FIRST APPEAL (ST.) NO. 3318 OF 2018 [V.I.D.C. and anr Vs. Sau. Indubai Tulshiram Bhagat (Dead) and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri M. A. Kadu, Advocate for the appellants Mrs. S. W. Deshpande, Advocate for respondent nos. 1-a to 1-e. Shri Nikhil Joshi, AGP for respondent nos. 2 and 3. CORAM : M. G. GIRATKAR, J.

DATE : 08/08/2019 CIVIL APPLICATION (CAF) NO. 3571 OF 2018 Heard learned Counsel Shri Kadu for the appellants.

The amount of compensation is deposited before this Court.

The delay is of 149 days and the same is caused due to administrative difficulties.

Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned. Appeal be registered.

FIRST APPEAL (FA) NO. OF 2019 Heard.

caf3571 & 3572.18 &cao 848.19.odt Admit.

Mrs. S. W. Deshpande, learned Counsel waives notice on behalf of respondent nos. 1-a to 1-e. Shri Nikhil Joshi, learned AGP waives notice on behalf of respondent nos. 2 and 3.

Call R & P.

CIVIL APPLICATION (CAF) NO. 3572 OF 2018 Heard.

Stay to the impugned judgment is granted until further order.

CIVIL APPLICATION (CAO) NO. 848 OF 2019 Heard.

Looking to the grounds mentioned in the application, the application is allowed. Respondent nos. 1-a to 1-e are permitted to withdraw 50% amount on furnishing usual undertaking and 25% amount after furnishing solvent surety from the total amount deposited before this Court and before the Reference Court. JUDGE SMGate