Vadarbha Patbandhare Vikas Mahamandal Through Executive Engineer, Wan Project Division, Shegaon v. Subhash S/O Ramdhan Sabe And Others

1 31caf2744.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.2744 OF 2024 IN FIRST APPEAL ST. NO.10203 OF 2024 [Vidarbha Pathandhare Vikas Mahamandal .vs. Subhash s/o Ramdhan Sabe and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Vinay B. Rathi, Adv. h/f Mr. P.B. Patil, Advocate for Applicant-Appellant. Mr. A.S. Deshpande, Advocate for Respondent Nos.1 and 2. Ms. R.V. Sharma, AGP for Respondent Nos.3 and 4. ...........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 11 th DECEMBER, 2024.

1.

This is an application for condonation of delay of 44 days caused for filing the first appeal.

2.

Perused the application.

3.

Heard the learned advocate for the applicant. 4.

Learned advocate for the applicant pointed out that for obtaining approval for preferring the appeal in the office of applicant, some time was required. The delay is not caused deliberately. He, therefore, prayed to allow the application. 5.

Learned advocate for respondent nos.1 and 2 and learned AGP for respondent nos.3 and 4 strongly opposed the application.

6.

Considering the reasons stated in the application, the application is allowed in the interest of justice. The delay is hereby condoned.

7.

The application is allowed and disposed of.

2 31caf2744.24.odt First Appeal St. No.10203/2024 1.

Heard.

2.

Issue notice to the respondents.

3.

Learned Advocate waives notice for respondent nos.1 and 2 and learned AGP waives notice for respondent nos.3 and 4.

4.

Stand over after four weeks.

Civil Application (CAF) No.2745/2024 1.

This is an application for grant of stay to the execution of judgment and award dated 15.01.2024. 2.

Learned advocate for applicant submits that due to some financial difficulties, the directions given by this court are not followed by order dated 11.10.2024. He seeks four weeks' time to deposit the amount under award. His request is allowed, as a last chance.

3.

Registry is directed to accept the cheque accordingly. 4.

Stand over after four weeks.

(SANJAY A. DESHMUKH, J.) Gulande