Punjabrao Shrawan Kadwe And 3 Others v. Executive Engineer (V.I.D.C.) Medium Project Division, Nagpur

6 caf 237-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 237/2022 IN CROSS OBJECTION STAMP NO. 4513/2022 IN FIRST APPEAL NO. 281/2014 Punjabrao Shrawan Kadwe (Dead) through its L.Rs. Smt Anusaya Wd/o Punjabrao Kadwe and others Vs.

Executive Engineer, (V.I.D.C.)Medium Project Division, Nagpur and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri. Vinay Dahat, Advocate h/f Shri J.B. Kasat for appellants Shri S.D. Chopde, Advocate for respondent No.1 Shri S.A. Ashirgade, A.G.P. for respondent Nos. 2 to 4 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 29/07/2022 Present application is filed by cross objector for condonation of delay in filing cross objections. There is a delay of 2009 days. However, considering the fact that the appeal is admitted and also for the reasons stated in paragraph No.2 of the application, request is made to condone the delay.

2.

Learned Counsel for the appellant vehemently opposed the application on the ground that financial difficulty is no more the ground as cross-objector received amount of near about Rs.40,00,000/-.

6 caf 237-2022.odt 3.

The First Appeal is already admitted. I am inclined to admit the cross-objection also by condoning the delay. However, the cross-objector will not be entitled for any interest for enhanced amount for delayed period. 4.

Accordingly, application is allowed.

5.

Delay in filing cross objection is hereby condoned, subject to condition that cross-objector will not entitled for any interest for delayed period, if enhanced amount of compensation is granted.

6.

The application is disposed of.

7.

Cross objection Stamp No. 4513/2022 is admitted.

FIRST APPEAL NO. 281/2014 At the request of parties, matter be listed for final hearing on 17/08/2022.

(SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE