Bombay High CourtCAF/89/2018admittedallwdgrantedrule absolute

Executive Engineer, (V.I.D.C.) Bembla Project Division, Yavatmal And Another v. Minnath Shriram Rajkude And Others

2019-04-30Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

3004caf89.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.89/2018 IN FIRST APPEAL ST. NO.6918/2017 Executive Engineer (V.I.D.C) Bembla Project Division, Yavatmal, Tal. & Dist. Yavatmal and another ...Versus...

Minnath Shriram Rajkude 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 M.A. Kadu, Counsel for applicants Shri A.B. Nakshane, Counsel for respondent no.1 Smt. Hemlata Jaipurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 30/04/2019 Heard.

Perused the application. There is a delay of 447 days caused in filing the first appeal.

For the reasons stated in the application, the delay caused in filing the first appeal is condoned. The civil application is allowed and disposed of accordingly. No order as to costs.

FIRST APPEAL ST. NO.6918/2017 Heard.

ADMIT.

Call for record and proceedings.

3004caf89.18.odt Learned Counsel Shri A.B. Nakshane waives service of notice for the respondent no.1 and learned Assistant Government Pleader Smt. Hemlata Jaipurkar waives service of notice for the respondent nos.2 and 3. CIVIL APPLICATION (CAO) NO.959/2019 Heard.

Perused the impugned judgment and award. The applicant/respondent no.1 is permitted to withdraw 75% of the amount, deposited by the appellants in this Court, upon furnishing usual undertaking to the effect that he will refund the amount in case the first appeal is allowed. The remaining 25% amount be kept in fixed deposit in any nationalized bank, till disposal of the first appeal.

The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.