V.I.D.C. Thr. Executive Engineer, Bembla Canal Project, Yavatmal v. Shri Sakharam Jagu Kachare And Others

40caf2702.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2702/2021 IN FIRST APPEAL STAMP NO 3949/2021 V.I.D.C. Thr. Executive Engineer, Bembla Canal Project, Yavatmal Vs Shri Sakharam Jagu Kachare And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri C.J. Dhumane, Advocate for the applicant/appellant Shri S.U. Bhuyar, Advocate for the respondent No.1. Ms. Shamshi Haider, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 22/02/ 3.

1.

Heard.

2.

By this application, the appellant is seeking condonation of delay in preferring the First Appeal. 3.

Issue notice to the respondents, returnable on 28/03/2023.

4.

Shri S.U. Bhuyar, learned Advocate waives service of notice on behalf of the respondent No.1.

5.

Ms Shamshi Haider, learned AGP waives service of notice on behalf of the respondent Nos.2 and 3. Civil Application (CAF) No. 2703/2021 1.

By this application, the appellant is seeking stay to the effect, operation and implementation of the impugned rkn

40caf2702.2021.odt judgment and award passed by the learned Civil Judge, Senior Division, Yavatmal in L.A.C. No. 498/2012.

2.

Shri C.J. Dhumane, learned advocate for the appellant submitted that principal amount has already been deposited before the learned Reference Court.

3.

On depositing the balance amount of compensation along with the statutory benefits within ten weeks, the implementation, execution and operation of the impugned judgment and award be stayed till final disposal of the appeal. 4.

On failure to deposit the amount, the stay granted will be vacated automatically without further reference to the Court.

Civil application is disposed of.

List the matter on 28/03/2023.

JUDGE Signed By:RAJESH K NANDURKAR rkn