Executive Engineer, Irrigation Project Division, Nagpur v. Sudam S/O Maroti Gaidhane And 5 Others

2-CAF-1545-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.1545 OF 2015 IN FIRST APPEAL (ST) NO.4871 OF 2015 Executive Engineer, Irrigation Project Division, Nagpur. -vs- Sudam Maroti Gaidhane and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri V. G. Palshikar, Advocate for applicant/appellant Shri V. D. Raut, Advocate for non-applicant/respondent Nos.1 to 4. Shri H. R. Dhumale, AGP for non-applicant/respondent Nos.5 and 6. CORAM : A.S.CHANDURKAR, J.

DATE : March 29, 2016 Prayer is to condone the delay of 97 days in filing the appeal. The explanation for the delay caused is stated in paragraph 2 of the application.

The application is opposed by the original claimants by filing reply. It is stated that the explanation furnished is not sufficient.

Having considered the reasons assigned alongwith reply thereto, I do not find that the delay as caused is deliberate. The same is condoned. The application is allowed and disposed.

F.A. St. No.4871 of 2015 Heard. Admit.

Call for record and proceedings.

Shri V. D. Raut, learned counsel waives notice for respondent Nos.1 to 4. Shri H. R. Dhumale, learned Assistant Government Pleader waives notice for respondent

2-CAF-1545-15 2/2 Nos.5 and 6.

C.A.F. No.1546 of 2015 Notice on the application is made returnable forthwith. Respective counsel waives notice.

On the applicants depositing the entire amount of compensation within a period of twelve weeks from today, the execution of the impugned award shall remain stayed during pendency of the appeal. Civil application is disposed of.

JUDGE Asmita