Bombay High CourtCAF/297/2020ca disposed off

V.I.D.C. Thr. Executive Engineer, Yavatmal Proj. Const. Division, Yavatmal And Another v. Pradip Jagannath Zade And Others

2021-02-26Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

931A.FAST.3820.2019.

1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.296/2020 IN First Appeal Stamp No.3820/2019 V.I.D.C. through its Executive Engineer, Yavatmal & Anr. Vs. Pradip Jagannath Zade & Ors. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri J.B. Kasat, Advocate for the Appellants. Shri R.J. Shinde, Advocate for Respondent No.1. Shri M.A. Kadu, AGP for Respondent Nos.2 and 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 26 th FEBRUARY, 2021.

This is an application for condonation of delay of 523 days in filing the appeal against the judgment and award dated 20/02/2017 passed by the Reference Court in L.A.C. No.218/2013. With consent, delay is condoned.

The civil application stands disposed of.

Appeal be registered after removing office objections, if any.

Civil Application (CAF) No.297/2020 Learned Counsel for the applicants states that the entire amount of compensation has been deposited.

In the light of the said statement, execution and implementation of the impugned judgment and award is stayed till the disposal of the appeal.

931A.FAST.3820.2019.

2/2 The civil application stands disposed of.

Civil Application (CAF) No.210/2021 The respondent No.1/original claimant has filed this application for withdrawal of amount of the compensation deposited by the Appellants - Acquiring Body.

In view of the reasons stated in the impugned judgment and the grounds raised in the appeal memo, 50% of the compensation deposited by the Appellants - Acquiring Body is ordered to be paid to respondent No.1/original claimant on usual undertaking before Registrar (Judicial).

The civil application stands disposed of.

First Appeal Stamp No.3820/2019 Heard. Arguable points are raised. Hence, admit. Shri R.J. Shinde, learned Counsel waives service of notice on behalf of respondent No.1 and Shri M.A. Kadu, learned AGP waives service of notice on behalf of respondent Nos.2 and 3. Call for the record and proceedings.

Paper-book to be filed within six months.

(SMT. ANUJA PRABHUDESSAI, J.) vijay