Bombay High CourtCAF/2328/2014dispossed offdismiss for default

Vidarbha Irrigation Development Corporation Thr. Executive Engineer, Bembla Project Division No.5 v. Khushal Shankar Gulhane And 2

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

caf.2326.14 1/2 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application [CAF] No.2326 of 2014 in First Appeal Stamp No.10114 of 2014 (V.I.D.C., through Executive Engineer vs. Khushal Shankar Gulhane 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 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 remains 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.2327 of 2014 :

The notices were issued in this matter to the respondents. They are all served. No reply is filed. The delay caused of 602 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.2326.14 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.10114/2014 :- 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.2328 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