V.I.D.C. Thr. Executive Engineer, Bembla Canal Project, Yavatmal v. Shri Shravan Haribhau Lalsare And Others

2024:BHC-NAG:6904 12.caf.1725.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C IVIL APPLICATION (CAF) NO.1725 OF 2022 IN FIRST APPEAL ST. NO.4051 OF 2021 V.I.D.C. through Executive Engineer, Yavatmal .Vs. Shri Shravan Haribhau Lalsare 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 appellant.

Shri A.B. Nakshane, advocate for respondent No.1. Shri P.P. Pendke, A.G.P. for respondent Nos.2 and 3/State. CORAM : SANJAY A. DESHMUKH , J.

DATED : 03/07/ 1.

This is an application for condonation of delay of 259 days caused for filing of appeal under Section 5 of the Limitation Act.

2.

Heard both the sides.

3.

For the reasons stated in the application, the application is allowed in the interest of justice. 4.

The delay caused in filing the appeal is condoned.

5.

Civil application is disposed of accordingly. C IVIL APPLICATION (CAF) NO.1662 OF 2024 6.

This is an application for withdrawal of amount deposited in the reference Court.

7.

Heard learned advocates for the parties.

C.L. Dhakate

12.caf.1725.22.odt 8.

The learned advocate for the appellant has strongly opposed the application.

9.

Considering the reasons stated in the application, the application is allowed as prayed for. 10.

The reference Court is directed to pay the amount as per the award to the respondent No.1. 11.

Civil application is disposed of accordingly. FIRST APPEAL ST. NO.4051 OF 2021 12.

Issue notice to the respondents, returnable after four weeks.

13.

Shri Pendke, learned A.G.P. waives service of notice for the respondent Nos.2 and 3.

14.

Shri Nakshane, learned counsel waives service of notice for the respondent No.1.

15.

Call record and proceedings.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate