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Bombay High CourtCAO/1229/2016dispossed offdismiss for default

V.I.D.C., Thr Exe. Eng. Utawali River Project, Khamgaon v. Sakharam Kashinath Gaikwad (Dead) Thr Lrs Shri B.S. Gaikwad And Other

2017-07-24Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi1 pages

2407 CAO 1229-2016 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.O. No. 1229/2016 IN M.C.A. ST. No. 7242/2016 IN F.A. No. 1142/2010 (V.I.D.C. THROUGH EXE. ENGINEER, UTAWALI RIVER PROJECT (MAN PROJECT), KHAMGAON, DISTT. AMRAVATI -Vs- SAKHARAM KASHINATH GAIKWAD (DEAD) THROUGH HIS L.RS. BABAN SAKHARAM GAIKWAD AND OTHERS) ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Miss. Gupta, Adv. h/f Shri P.B. Patil, counsel for the appellant. Shri M.A. Kadu, AGP for respondent no.2.

CORAM: DR. SMT. SHALINI PHANSALKAR-JOSHI, J.

DATE : JULY 24, 2017.

Learned counsel for appellant submits that this appeal came to be dismissed for default for not filing the private paper book. She further submits that the entire amount of compensation is deposited in the reference court on 03/08/2010. She further submits that private paper book is ready and she will be filing the same within two days.

In view thereof, application for condonation of delay is allowed and appeal is restored to its original file, subject to condition of appellant filing the private paper book within two days, otherwise both these applications will stand automatically dismissed. JUDGE Yenurkar