Vidc Thr. Exe. Engineer, Purna Medium Proj. Achalpur Div (Medium And Minor Irrigation Div.) And ANR v. Bakulabai Ramdas Arankar And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2122/2021 IN FIRST APPEAL ST. NO.6546/2021 V.I.D.C. through its Executive Engineer, Purna Medium Project, Achalpur Division and another Vs.
Bakulabai Ramdas Arankar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Mrs Anjali A. Joshi, Advocate for appellants Shri R.J. Shinde, Advocate for respondent Nos.1(a) to (c) Shri S.A. Ashirgade, Addl. GP for respondent Nos.2 and 3. CORAM : SMT. M.S. JAWALKAR, J.
DATE : 23/06/2022 This application is filed by the appellant for grant of leave as the appellant was not party before S.L.A.O. For the reasons stated, leave is granted to the appellant to file appeal.
The application is disposed of.
CIVIL APPLICATION (CAF) NO.2186/2021 Present application is filed for condonation of delay in filing appeal. There is delay of 475 days in filing appeal. Other appeals are already admitted.
In view of this fact respondents have no objection to condone the delay. The delay caused in filing of appeal is hereby condoned.
The application is disposed of 4.
Registry is directed to register the appeal.
FIRST APPEAL STAMP NO.6546/2021 Heard.
Admit.
CIVIL APPLICATION (CAF) NO.949/2022 Farad sheet shows that learned Counsel for the appellant has already deposited balance amount of award in this Court vide CCDR No. 29479 dated 29/04/2022. The Counsel filed Civil application (CAF) No. 949/22 for permission to deposit the cheque as the time limit has expired.
In view of this noting the amount of award is already deposited. Hence, there is no separate order required.
So far as stay is concerned ad-interim relief was granted vide order dated 10/12/2021 on the statement that balance amount will be deposited and now the
balance amount is deposited. Hence, interim order dated 10/12/2021 is confirmed.
4.
Application is disposed of.
CIVIL APPLICATION (CAF) NO.1377/2022 Present application is filed for withdrawal of amount which is deposited by the appellant in this Court as well as before the Reference Court.
The respondents have no objection if 50% amount is allowed to be withdrawn on furnishing undertaking and 50% amount on furnishing solvent surety.
Accordingly, the applicants are permitted to withdraw 50% of amount of compensation so deposited on giving undertaking that if the appellants succeed in appeal the amount will be refunded as per final order and they will furnish solvent surety in respect of the remaining 50% amount.
4.
The application is disposed of.
(SMT. M.S. JAWALKAR, J.) Jayashree..
Signed By:JAYASHREE SHARAD SHINGNE