V.I.D.C. Thr. Executive Engineer, Lower Wardha Project Division, Wardha v. Shrikisan Radhakisan Kalantri And Others

2024:BHC-NAG:14051

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR M.C.A. NO.1095 OF 2024 IN FIRST APPEAL ST. NO.10504 OF 2022 VIDC, Wardha .Vs. Shrikisan Radhakisan Kalantri and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. A.S. Athalye, Advocate for appellant.

Shri S.C. Joshi, A.G.P. for respondents/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 20/12/2024 1.

This is an application for restoration of first appeal dismissed for non-removal of office objections. 2.

The learned advocate for the appellant pointed out that office objections are moved.

3.

Considering reasons stated in the application, the application deserves to be allowed. The application is allowed as prayed.

4.

CIVIL APPLICATION (CAF) NO.10505 OF 2022 1.

This is an application for condonation of delay of 31 days.

2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

The learned advocate for the appellant pointed out that delay is caused for filing appeal because some

administrative procedure were not compliance like permission etc.

5.

On perusal of application and the period of delay of 31 days, it appears that delay is not deliberately caused there are sufficient reason to condone the delay. The application deserves to be allowed in the interest of justice. The application is allowed. Delay of 31 days is condoned. 6.

FIRST APPEAL ST. NO.10504 OF 2022 1.

Issue notice to the respondents.

2.

The learned A.G.P. waives service of notice for the respondents/State.

3.

Call record and proceedings.

CIVIL APPLICATION (CAF) NO.10507 OF 2022 1.

This is an application for granting stay to the execution of judgment and award of the Reference Court. 2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

The learned advocate for the appellants submits that appellant is ready to deposit amount as per award of the Reference Court within twelve weeks. The application is therefore deserves to be conditionally allowed subject to depositing amount under award along with accrued interest thereon. The application is allowed.

5.

If the amount under award is not deposited within twelve weeks, this application shall be deemed to be rejected without further orders.

6.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate