Bombay High CourtCAO/429/2016admittedallwdgrantedrule absolute

Ramkrushna Narayan Pachpor And Another v. The Executive Engineer, Man Project Division Khamgaon And 2 Others

2016-08-22Hon'Ble Shri Justice Z.A. Haq3 pages

1 cao429.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.429 OF 2016 IN CROSS APPEAL NO. OF 2015 IN FIRST APPEAL NO.783 OF 2012 (RAMKRUSHNA NARAYAN PACHPOR & ANR...VS..VIDARBHA IRRIGATION DEVELOPMENT CORPORATION & 2 OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Agrawal, advocate for appellant.

Shri R.P.Masurkar, adv. h/f. Shri A.B.Kale, Adv. for R 1 & 2. Ms S.Z.Haider, A.G.P. for respondent Nos. 3 & 4. CORAM : Z.A.HAQ, J.

DATED : AUGUST 22, 2016.

Shri A.S.Agrawal, advocate holding for Shri P.B. Patil, advocate for the appellant opposes the application. One of the argument on behalf of the appellant is that if the delay is condoned an undertaking be taken from the respondents/ cross-objectors that they will not claim interest for the period of 825 days i.e. the period of delay in filing the cross-objection.

Accepting the reasons stated in the application and keeping open the point of entitlement of the respondents / cross-objectors regarding interest for the period of 825 days, the delay in filing the cross-objection is condoned.

The civil application is allowed.

2 cao429.16 CROSS OBJECTION ST.NO.3515/2015.

ADMIT.

Shri A.S.Agrawal, advocate holding for Shri P.B. Patil, advocate waives notice for the respondent No.1 and Ms S.Z.Haider, A.G.P. waives notice for the respondent Nos. 2 and 3.

Office note dated 7th June, 2016 shows that the private paper book is filed by the appellant. The memorandum of cross-objection be included in the private paper book.

JUDGE RRaut..

3 cao429.16 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.B. Raut, PS Uploaded on : 23/08/2016.