Western Coal Fields Ltd., Hindusthan Lalpeth Area, Chandrapur Through Its Dy. General Manager v. Rekha Wd/O Raju Korekar And Others

45-caf-549-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 549 of 2023 in First Appeal Stamp No. 2743 of 2023 Western Coal Fields Limited Hindustan Lalpeth Area, Chandrapur through its Dy.General Manager

Versus

Rekha Wd/o Raju Korekar and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Palakh Agrawal Advocate h/f Shri Atul Pande, Advocate for the appellant.

Ms. R.K.Swami, Advocate for the respondent nos. 1 and 2.

CORAM : ANIL S. KILOR, J.

DATED : 14th DECEMBER, 2023.

This is an application for condonation of delay in filing first appeal. There is a delay of 302 days in filing the first appeal.

2.

Heard learned counsel for the respective parties.

3.

Though, the learned counsel for the respondent nos. 1 and 2 is opposing the present application, after going through the contents of the SKNair

45-caf-549-23.odt application, I am of the opinion that sufficient cause has been shown by the appellant to explain the delay caused in filing the first appeal.

4.

In that view of the matter, the application is allowed. The delay caused in filing the first appeal is hereby condoned. Appeal be registered.

Civil Application No. 3209 of 2023.

1.

For the reasons stated in the application, the application is allowed and thereby the respondent nos. 1 and 2 are permitted to withdraw the total amount of Rs.32,78,654/- deposited by the appellant-company along with interest if any accrued thereon subject to furnish an undertaking for 50% of the amount and solvent surety for balance 50% amount.

2.

The civil application is disposed of.

Civil Application (CAF) No. 1415 of 2023 1.

As the amount has already been deposited, there shall be stay to the judgment and award dated 7th January, 2022 and the Order dated 13th October, 2022 passed below Exhibit 11 by the Member MACT, Chandrapur in MACP.Dkst.No.09 of 2022.

2.

The civil application is disposed of.

[ANIL S. KILOR, J.] SKNair