Vidarbha Irrigation Development Corporation Through Executive Engineer v. Ramesh Nagorao Wankhade And 8 Others

6-CAF-2979-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2979 OF 2016 IN FIRST APPEAL ST. NO.5117 OF 2015 VIDC Thr. Executive Engineer, Irrigation Project, Yavatmal -vsRamesh Nagorao Wankhade and ors.

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

or directions and Registrar's orders.

Ms A. M. Gupta, Advocate h/f Shri P. B. Patil, Advocate for applicant. Shri S. S. Bhalerao, Advocate for respondent Nos.1 to 7. Ms S. Haider, AGP for respondent Nos.8 and 9. CORAM : DR (SMT) SHALINI PHANSALKAR-JOSHI, J. DATE : JUNE 29, 2017 As the applicant is acquiring body and its presence being necessary for deciding the controversy involved in this appeal, the application is allowed. The applicant is granted leave to file appeal. Civil application is disposed of. C.A.F. No.2298 of 2015 This is an application for condonation of delay of 656 days in filing this appeal.

Heard.

For the reasons stated in paragraphs 4 and 5 of the application, as sufficient cause is made out and learned counsel for applicant also submits that the entire decreetal amount would be deposited within eight weeks from today, application for condonation of delay is allowed with no order as to costs.

6-CAF-2979-16 2/2 C.A.F. No.2299 of 2015.

Subject to condition of the appellant depositing the entire amount of compensation in this Court within period of eight weeks from today, the execution of the impugned award shall remain stayed during pendency of the proceedings. On failure to deposit the said amount within stipulated period, the stay granted would stand vacated automatically without further reference to Court. Civil application is disposed of.

F.A.St. No.5117 of 2015 Heard.

Admit.

Call for record and proceedings.

Shri S. S. Bhalerao, learned counsel waives notice on behalf of respondent Nos.1 to 7. Learned Assistant Government Pleader waives notice on behalf of respondent Nos.8 and 9.

Appellant to file private paper-book after receipt of record and proceedings.

JUDGE Asmita