Vidarbha Irrigation Development Corporation Thr. Executive Engineer, Lower Wardha Project Division v. Ramesh S/O Sadhuji Kathane And Others

0302caf3027.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.3027 of 2014 In First Appeal Stamp No.10039 of 2014 (VIDC, through its Executive Engineer, L.W.P.D., Wardha v. Ramesh s/o Sadhuji Kathane and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.K. Bhoyar, Advocate for Applicant/Appellant. Shri Tushar Darda, Advocate for Respondent No.1. Shri D.M. Kale, AGP for Respondent Nos.2 and 3. Coram : R.K. Deshpande, J.

Date : 3 rd February, 2016 Notice was issued in this matter on 12-12-2014. All the respondents are served.

The respondent No.1 has filed reply opposing the application for condonation of delay.

It is not disputed by the learned counsels appearing for the parties that the similar appeal, viz. First Appeal No.426 of 2015 (VIDC v. Gopibai Bhattad), arising out of the same award and notification has already been admitted by this Court on 5-1-2016.

Keeping in view this fact and after going through the averments in the application and the reply filed, I am satisfied that a sufficient cause is made out for condonation of delay, subject to pay of costs.

0302caf3027.14.odt In view of above, the application is allowed. The delay caused is condoned. The appellant to pay the costs of Rs.5,000/- to the respondent No.1 within a period of four weeks from today. If the costs are not paid within the stipulated period, the application shall be treated to have been dismissed. The application is disposed of.

Judge.

Lanjewar