Executive Engineer, Bembla Project Division, Yavatmal v. Sulochana S/O Narayan Jirapure 6 Others

23-CAF-2941-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2941 OF 2015 IN FIRST APPEAL (ST) NO.7422 OF 2015 Executive Engineer, Bembla Project Dv. Yavatmal -vs- Sulochana s/o Narayan Jirapure and ors.

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

or directions and Registrar's orders.

Shri V. G. Palshikar, Advocate for appellant/applicant. Shri R. D. Hajare, Advocate for respondent Nos.1 to 5. Ms N. P. Mehta, AGP for respondent Nos.6 and 7. CORAM : A.S.CHANDURKAR, J.

DATE : April 25, 2016 Prayer is to condone delay in filing the first appeal. The reasons for delay are mentioned in paragraph 2 of the application.

The application is opposed by the learned counsel for the non-applicant Nos.1 to 5 on the ground that the reasons assigned are not sufficient. However considering the reasons mentioned in paragraph 2 of the application, the delay in filing the first appeal stands condoned.

Civil application is allowed and disposed of. F.A.(St) No.7422 of 2015 Heard.

Admit. Call for record and proceedings.

Shri R. D. Hajare, the learned counsel waives notice on behalf of respondent Nos.1 to 5. Ms N. P. Mehta, the learned Assistant Government Pleader waives notice on behalf of

23-CAF-2941-15 2/2 respondent Nos.6 and 7.

C.A.O. No.579 of 2016 Perused the judgment of the Reference court. The claimants are permitted to withdraw an amount of Rs.10 lakhs subject to filing undertaking that in case the appeal is allowed, the amount withdrawn shall be returned with interest at such rate the Court may direct. Rest of the amount be invested in Fixed Deposit.

Civil application is allowed and disposed of. JUDGE Asmita