V.I.D.C. Through Its Executive Engineer, Yavatmal Project Construction Division, Yavatmal And ANR v. Kailash Punjaappa Gheware And Others

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.2321/2018 & CAO NO. 944/2019 in FIRST APPEAL NO.5146/2018 (V.I.D.C. And another Vs.Kailash P.Gheware and others ) ...................................................... ............................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. Vinay Dahat, Advocate for the applicants Mr. Najbile,Adv.h/for Mr A.B. Nakshane Adv.for respondent NO.1 Mr. M J Khan, AGP for respondents 2 and 3 CORAM: MRS.SWAPNA JOSHI, J.

D ATED : 29th April, 2019.

This is an Application seeking condonation of delay of 251 days in filing the Appeal.

Heard both sides. Perused the contents of the Application. On a perusal of the same, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay.

In view thereof, the delay in filing the Appeal is condoned. The Civil Application is allowed and disposed of. The Appeal be registered.

F.A.(ST) NO. 5146/2018 Heard.

Admit.

Call R & P Learned counsel waives notice for respective parties.

CAO NO. 944/2019 This is an application for restoration of order of stay dated 6.7.2018. Learned Advocate for the applicants submits that this Court vide order dated 6.7.2018 passed the following order:

"Subject to the applicants depositing in this Court the entire amount of compensation as awarded by Reference Court within a period of 16 weeks from today, the impugned award of the Reference Court shall remain stayed during the pendency of the appeal."

It is submitted by Mr Dahat now the applicants are desirous of depositing the said amount vide cheque. The other side has no objection for the same.

In view thereof the following order is passed:- The delay in depositing the amount is condoned by permitting the applicant to deposit the amount in pursuance to the order dated 6.7.2018, within a period of one week and the stay granted by this court vide its order dated 6.7.2018 is restored, during pendency of the Appeal. The Civil Application stands disposed of.

JUDGE.

Sahare