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Bombay High CourtCAF/2902/2014dispossed offdismiss for default

The Executive Engineer, Upper Wadha Dam Division, Vidarbha Irrigation Development Corporation v. Ambadas Baliram Chaware And 3 Others

2015-09-14Hon'Ble Shri Justice A.S. Chandurkar1 pages

1409caf2902.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 2902 OF 2014 Exe. Engineer Upper Wardha Dam Divn Amravati & Ano. Vs. Ambadas Baliram Chaware & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri S. G. Jagtap Adv for appellants.

Shri V. N. Patre Adv for respondent 1.

Shri M. A. Kadu AGP for respondents2 to 4.

CORAM: A.S.CHANDURKAR J.

DATED: 14th SEPTEMBER, 2015.

Prayer is to condone the delay in filing appeal. It is stated that though the judgment was passed by the Reference Court on 13.09.2011 knowledge of the same was received only on 28.10.2013 after which steps were taken to file application.

Application is opposed by respondent no.1 on the ground that reasons assigned are not sufficient. It is submitted that appellants have been negligent in filing the application.

Having perused the communication dated 28.10.2013 as well as the proposal submitted on behalf of the appellants the, delay in filing appeal stands condoned subject to costs of Rs. 2000/- to be paid to the respondent no.1. Amount of costs be paid within a time of four weeks from today. Civil application disposed of.

JUDGE svk