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Bombay High CourtCAF/838/2018admittedallwdgrantedrule absolute

Present Executive Engineer Medium And Minor Irrigation Division Achalpur v. Rameshrao Rupraoji Kadu And Others

2018-03-13Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf51.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.51/2017 IN FIRST APEPAL STAMP NO.16543/2016 The Executive Engineer, Purna Medium Project Achalpur Division, Distt. Amravati ..Vs..

Rameshrao Rupraoji Kadu and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.B. Patil, Advocate for the applicant / appellant. CORAM : Z.A. HAQ, J.

DATE : 13.3.2018.

Heard.

Accepting the explanation given in the application, delay of 128 days in filing the appeal is condoned. The civil application is allowed accordingly. No costs.

FIRST APPEAL STAMP NO.16543/2016 Issue notice for final disposal, returnable on 16th April, 2018.

Shri R.J. Shinde, Advocate waives notice for respondent No.1.

Shri M.A. Kadu, A.G.P. waives notice for respondent Nos.2 and 3.

Call record and proceedings.

C.A.F. NO.838/2018 The Advocate for the appellant submits that

2 caf51.17 the cheque for the amount as per impugned award, calculating the interest till 12th March, 2018 is ready and seeks a week's time to deposit it. Accepting the above submission, it is directed that there shall be an interim order in terms of prayer clause of the civil application until further orders, however, on condition that the amount is deposited with the Registry of this Court within two weeks. The civil application is allowed accordingly. No costs.

JUDGE Tambaskar.