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Bombay High CourtCAF/3613/2023allowed

Executive Engineer, Upper Painganga Project Div. 2, Umarkhed And Others v. Nagorao Narayan Yerawar And Others

2024-02-14Hon'Ble Shri Justice Anil L. Pansare2 pages

2024:BHC-NAG:1869 12-CAF-3613-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 3613 OF 2023 IN FIRST APPEAL NO. 1209 OF 2023 (The Executive Engineer & Ors. Vs. Nagorao Narayan Yerawar & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri M.R. Joharapurkar, Counsel for the applicants/ appellants.

Shri A.R. Patil, Counsel for non-applicant no.1. Shri S.C. Joshi, A.G.P. for non-applicant nos. 2 and 3/ State.

.....

CORAM : ANIL L. PANSARE, J.

FEBRUARY 14, 2024.

The applicants/appellants have filed application under Order 41 Rule 1 of the Code of Civil Procedure, 1908 (for short "the Code") seeking to dispense with filing of additional certified copy of the award passed by the Reference Court on the ground that the certified copy of the award has been filed in connected matters being CAF No. 2614/2023 In FA Nos. 1175/2023, 121/2024, 120/2024, CAF No. 3897/2023 In FA St. No.10091/2023, FA Nos. 53/2024, 51/2024, 52/2024, 1211/2023, 1213/2023, 1236/2023, 1238/2023, CAF No. 287/2024 In FA St. No.

10069/2023, FA Nos. 1212/2023, 1209/2023, 1210/2023, 1215/2023, 1214/2023, 150/2024, 146/2024, 51/2024, FA St. Nos. 14055/2022, 13961/2022, 14209/2022, 13967/2022, 14146/2022, 14241/2022, 14137/2022 and 14341/2022.

12-CAF-3613-2023 2] In view thereof and for the reasons set out in the application, the same is allowed as prayed for. CIVIL APPLICATION (F) NO. 425/2024 3] The applicants/appellants have filed application under Order 41 Rule 5 of the Code. The learned Counsel for the applicants states that the entire amount of compensation will be deposited in the Court within twelve weeks.

4] The statement is accepted. If the amount is not so deposited, additional interest will be borne by the Officers, who are responsible for the delay.

5] In view of above, the effect and operation of the award dated 24/2/2021 passed by the Joint Civil Judge Senior Division, Pusad in L.A.C. No. 294/2010 is stayed for twelve weeks.

6] Copy of order be served upon the appellants for taking necessary steps.

(ANIL L. PANSARE, J.) Sumit