Bombay High CourtCAF/2376/2018admittedallwdgrantedrule absolute

V.I.D.C. Through Executive Engineer, Yavatmal Project Construction Division, Yavatmal And Another v. Vikas Punjaappa Gheware And Others

2019-01-30Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

928caf2376.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 2376/2018 IN FIRST APPEAL STAMP NO. 5152/2018 V.I.D.C., through its Executive Engineer, Yavatmal Project Construction Division, Yavatmal and another.

Vs.

Vikas Punjaappa Gheware and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Vinay Dahat, counsel for the appellant.

Shri A.B. Nakshane, counsel for the respondent No.1. Ms. Geeta Tiwari, AGP for the respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 30-01-2019.

Heard Shri Vinay Dahat, learned counsel for the appellant, Shri A.B. Nakshane, learned counsel for the respondent No.1 and Ms Geeta Tiwari, learned AGP for the respondent Nos.2 and 3.

Perused the application as well as reply filed by the respondent No.1.

Considering the submission on both the sides, the delay of 340 days in filing the first appeal is condoned. Civil application is allowed.

FIRST APPEAL STAMP NO. 5152/2018 Heard.

Admit.

Call for record and proceedings.

928caf2376.18.odt 2 Shri A.B. Nakshane, learned counsel waives notice for the respondent No.1.

Ms. Geeta Tiwari, learned AGP waives notice for the respondent Nos. 2 and 3.

Shri V.V. Dahat, learned counsel for the appellant has submitted that the entire amount of compensation will be deposited within twelve weeks and prays that the execution of impugned order be stayed. In view of the statement made by the learned counsel for the appellant, permission is granted to deposit the entire amount of compensation within twelve weeks. The impugned judgment and award dated 05/10/2016 passed by the learned Civil Judge, Senior Division, Yavatmal in L.A.C. No. 389/2012 is hereby stayed, until further order.

JUDGE rkn