Vidarbha Irrigation Development Corporation Thr. Executive Engineer, Lower Wardha Project Division v. Sanjay S/O Nanaji Raut And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 2178 & 2179 OF 2014 IN FIRST APPEAL ST. NO. 10153 OF 2014 VIDC Lower Wardha Project Divn. Vs. Sanjay Nanaji Raut & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri S. K. Bhoyar Adv for appellant.

Shri S. U. Nemade Adv for respondents 1 to 7. CORAM: A. S. CHANDURKAR J.

Dated: 28 th SEPTEMBER, 2015.

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Prayer is to condone the delay in filing First Appeal. Reasons are mentioned in paras 4 and 5 of the application. The prayer is opposed by the counsel for the respondents. However, considering the reasons assigned the delay in filing first appeal stands condoned. Civil application is allowed and disposed of.

First Appeal St. No. 10153 of 2014: Heard. Admit. Call for record and proceedings. Shri S. U. Nemade, learned counsel waives notice on behalf of respondent nos. 1 to 7 and Shri M.A. Kadu, learned AGP waives notice on behalf of respondent nos. 8 and 9.

Civil Application No. 2179 of 2014: As the appellant has deposited the

entire amount with the reference Court the execution of the impugned award shall remain stayed during pendncy of the appeal. Civil Application (CAO) No. 1536 of 2015: Perused the judgment of the reference court. The claimants are permitted to withdraw amount of Rs.4,00,000/- on filing usual undertaking. The balance amount is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the reference Court. Civil application disposed of. JUDGE svk