Bombay High CourtCAF/199/2019ca disposed off

Vidarbha Irrigation Development Corporation, Wardha Through Its Executive Engineer, Wardha v. Ramesh S/O Natthuji Kolhe, Lrs. Smt. Sindhubai Wd/O Ramesh Kolhe And Others

2020-01-07Hon'Ble Shri Justice R.V. Ghuge2 pages

14.CAF.199.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.199 OF 2019 WITH CIVIL APPLICATION (CAF) NO.200 OF 2019 IN FIRST APPEAL STAMP NO.10922 OF 2018 V.I.D.C. through its Executive Engineer, Wardha. Vs.

Ramesh s/o Natthuji Kolhe and others.

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s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Gayatri M. Diwe, Advocate h/f Shri B. N. Jaipurkar, Advocate for applicant.

Ms. R. V. Kaliya, AGP for respondent nos.2 and 3. CORAM : AVINASH G. GHAROTE, J.

DATE : JANUARY 07, .

CIVIL APPLICATION (CAF) NO.199 OF 2019 This is an application for condonation of delay filing of appeal against the judgment and award dated 23.11.2017 passed by the 2nd Joint Civil Judge Senior Division, Wardha in reference bearing L.A.C. No.52 of 2011.

The learned Assistant Government Pleader for the respondent nos.2 and 3 opposed the application. Considering the reasons given in the application and that, the delay occurred on account of administrative exigencies, the delay of 64 days is condoned.

The Civil Application is disposed of.

CIVIL APPLICATION (CAF) NO.200 OF 2019 By an order dated 06.03.2019 the notices were issued to respondents, returnable on 03.04.2019. The learned Assistant

14.CAF.199.19 Government Pleader waives notices on behalf of respondent nos.2 and 3. Copies were not supplied. The office note dated 30.04.2019 states that the appeal is dismissed against the respondent nos.1(i) and 1(ii) in default.

The learned counsel for the applicant had made a statement that principal amount was already deposited in the Reference Court and the remaining amount would be deposited within twelve weeks. This was accepted and permission was granted to deposit amount within twelve weeks. The impugned judgment / award was stayed until further orders. Ms. Gayatri M. Diwe, learned counsel for the applicant makes a statement that the balance amount has also been deposited in the Reference Court, however proof to that effect has not been filed in the Court. The learned counsel to place on record the details regarding the deposit of the balance amount in the reference Court within a period of one week. Office to verify and take appropriate steps.

JUDGE Sarkate