Bombay High CourtCAF/2324/2014dispossed offdismiss for default

Vidarbh Irrigation Development Corporation, Through Executive Engineer, Bembla Project Division v. Harishchandra Ramchandra Madge And 2 Other

2016-01-06Hon'Ble Shri Justice Ravi K. Deshpande2 pages

caf.2323.14 1/2 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application [CAF] No.2323 of 2014 in First Appeal Stamp No.9955 of 2014 (V.I.D.C., through Executive Engineer vs. Harishchandra Ramchandra Madge & ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.S. Agrawal, Adv. h/f Shri P.B. Patil, Adv. for Appellant. Shri A.B. Nakshane, Adv. for Respondent No.1. Shri M.M. Ekre, A.G.P. for Respondent Nos.2 and 3. CORAM : R.K. DESHPANDE, J.

DATE : JANUARY 6, 2016.

Heard.

After going through the averments made in the application, which remain uncontroverted, I am satisfied that the leave is required to be granted to file the appeal. Hence, the application is allowed and disposed of as such.

Civil Application [CAF] No.2324 of 2014 :

The notices were issued in this matter to the respondents. They are all served. No reply is filed. The delay caused of 759 days is on the ground of procedural aspect. The same can be condoned and the respondent-claimant can be compensated by payment of costs.

caf.2323.14 2/2 Hence, in this matter, the appellant shall pay costs of Rs.3,000/- to the claimant. The delay caused is condoned. The civil application stands disposed of.

First Appeal Stamp No.9955/2014 :- Heard.

ADMIT.

Shri Ekre, the learned Assistant Government Pleader waives service of notice for respondent Nos.2 and 3. Call for record and proceedings.

Civil Application [CAF] No.2325 of 2014 :

The appellant has deposited the entire decretal amount in this Court. Hence, the interim order passed by this Court shall continue to operate pending the decision of the appeal.

The civil application stands disposed of.

JUDGE *sandesh