Vidc Thr. Exe. Engineer, Arunavati Proj. Div., Digras (Now Arunavati Irrigation Division, Yavatmal) v. G.K. Lolage (Dead) Thr. Lrs. D.G. Lolage (Dead) Thr. Lrs. Smt. Kusum Wd/O Devidas Lolage And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.601 of 2020 And Civil Application (CAF) No.4325 of 2019 IN First Appeal (St.) No.29897 of 2018 Vidarbha Irrigation Development Corporation, through its Executive Engineer Vs.

Govindrao s/o Keshaorao Lolage through L.Rs. and Others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri J.B. Kasat, Advocate for the Applicant.

Shri T.M. Malnas, Advocate for Respondent Nos. 1-A(B) to 1-A(J), 1-B, 1-C, 1-D. Shri H.D. Dubey, A.G.P. for Respondent Nos.2 to 4. CORAM : S.M. MODAK, J.

DATE : 14 th SEPTEMBER, 2020.

Civil Application No. 601/2020 Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper. Heard Shri J.B. Kasat, learned Advocate for the applicant, Shri T.M. Malnas, Advocate for Respondent Nos. 1-A(B) to 1-A(J), 1-B, 1-C and 1-D and Shri H.D. Dubey, learned A.G.P. for respondent Nos. 2 to 4.

This Court has stayed the impugned judgment subject to deposit of the whole amount of compensation. The time granted was of twelve weeks. The order was passed on 17th January, 2020. The applicant claims that he has deposited the principal

2/3 decretal amount before the trial Court and now the remaining amount is yet to be paid. Due to pandemic situation and due to office procedure about obtaining approvals of the superior officer, the remaining amount could not be deposited in time. The reason is genuine. Hence the order:-

O R D E R

i.

The application is allowed.

ii.Delay caused in depositing the remaining amount is condoned.

iii. Applicant is permitted to deposit the remaining amount in the office.

iv. After the amount is deposited, respondent Nos. 1-A(B) to 1-A(H), 1-A(J), 1-B, 1-C and 1-D is at liberty to verify whether entire amount has been deposited.

v. If they will ask for the amount, it will be decided in due course.

vi. The order dated 17th January, 2020 thereby granting stay is restored subject to deposit of the amount. vii.The civil application is disposed of.

Civil Application No. 4325/2019 Shri T.M. Malnas, learned Advocate for Respondent Nos. 1-A(B) to 1-A(J), 1-B, 1-C and 1-D seeks time to file reply to main application for condonation of delay. He undertakes to email the copy of reply to the applicant.

3/3 Matter be kept on 22nd September, 2020.

This order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE vijay