Bombay High CourtCAF/3964/2017admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Minor Irrigation Div. Chandrapur And ANR v. Manohar Chindhuji Wararkar And Others

2018-03-20Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf3964.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.3964/2017 IN FIRST APPEAL STAMP NO.6355/2017 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Minor Irrigation Division, Chandrapur and another ..Vs..

Manohar Chindhuji Wararkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Vinay Dahat, Advocate for the applicants / appellants. CORAM : Z.A. HAQ, J.

DATE : 20.3.2018.

For the reasons stated in the application, the appellants are permitted to prosecute the matter. The civil application is allowed accordingly. No costs. C.A.F. NO.4750/2017 Accepting the explanation given in the application, delay of 100 days in filing the appeal is condoned. The civil application is allowed accordingly. No costs.

FIRST APPEAL STAMP NO.6355/2017 Appeal taken up for hearing on admission.

ADMIT.

Call record and proceedings.

2 caf3964.17 The appellants to file private paper book within six months.

Shri Aditya P. Satpute, Advocate waives notice for respondent Nos.1 and 2.

Ms. Mrunal Barabde, A.G.P. waives notice for respondent No.3.

C.A.F. NO.4751/2017 The appellants have filed pursis on 6th March, 2018 pointing out that the amount as per impugned award is deposited before the reference Court. As the amount is deposited, interim order granted on 10th October, 2017 to continue till the disposal of appeal. Out of the amount deposited by the appellants before Reference Court, the respondent Nos.1 and 2 / claimants be given 75% of the amount, transmitting the amount in joint account of respondent Nos.1 and 2. The balance amount be kept in fixed deposit in nationalized bank until further orders. The civil application is disposed in the above terms. No costs.

JUDGE Tambaskar.