Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer v. Ramchandra Dadarao Ithape And 2 Others

3caf1204.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1204 OF 2019 IN FIRST APPEAL NO. 570 OF 2013 M.I.D.C. having its Regional Office, Amravati through its Chief Executive Officer Vs.

Ramchandra Dadarao Ithape (dead) 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 Sharad Thakare, counsel h/f Shri MM Agnihotri, counsel for the appellant. Ms H.N. Jaipurkar, AGP for the respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 20-03-2019.

Heard learned counsel for the appellant.

Perused the application. There is delay of 117 days in filing the application for bringing on record legal representative of deceased respondent No.1. For the reasons stated in the application, delay is condoned.

Civil application is allowed.

CIVIL APPLICATION (CAF) NO. 1205 OF 2019 Heard learned counsel for the appellant.

Perused the application. For the reasons stated in the application, abatement, if any, is set aside. Civil application is allowed.

CIVIL APPLICATION (CAF) NO. 1206 OF 2019 Heard learned counsel for the appellant.

Perused the application. It appears that respondent no.1

3caf1204.19.odt is dead. For the reasons stated in the application, application is allowed. The appellant is permitted to bring on record the legal heirs of respondent No.1.

Amendment be carried out forthwith in the appeal memo.

Civil application is allowed.

FIRST APPEAL NO. 570 OF 2013.

Issue notice to legal heirs of respondent No. 1, returnable on 04.06.2019.

JUDGE rkn