Bombay High CourtCAF/974/2019disposedoff

Executive Engineer, Bembla Project, Yavatmal And Another v. Sau. Sumanbai Nanaji Nimrad And Others

2019-12-17Hon'Ble Shri Justice Vinay Joshi2 pages

1 CAF974.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 974 OF 2019 IN FIRST APPEAL ST. NO. 11207 OF 2018 Executive Engineer, Bembla Project, Yavatmal and anr. ..vs..

Sau. Sumanbai Nanaji Nimrad and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. S.P. Nandurkar, Advocate h/f Smt. A.S. Athalye, Adv. for appellants.

Mrs. M.A. Barabde, A.G.P. for respondent nos. 2 and 3. None present for respondent no. 1.

CORAM : VINAY JOSHI, J.

DATED : 17 th DECEMBER, 2019 Heard.

This is an application for condonation of delay of 388 days caused in filing the first appeal. The appellant has stated that time was spent in following procedural aspect and therefore, inadvertent delay has occurred. The said statement is remain unchallenged as contesting respondent no. 1 is absent despite service.

In view of that I have no hesitation to accept the same, and hence, delay stands condoned. Civil Application is disposed accordingly. Appeal be registered. FIRST APPEAL ST. NO. 11207 OF 2018 Heard.

Admit.

2 CAF974.19 Mrs. M.A. Barabde, learned Assistant Government Pleader waives notice for respondent nos. 2 and 3. Call R & P.

CIVIL APPLICATION (CAF) NO. 975 OF 2019 Heard.

The appellant is seeking stay to the execution and implementation of impugned award. It is informed that entire compensation amount has been deposited in this Court. In view of that execution and implementation of impugned award is stayed till the disposal of the appeal. Civil Application is disposed accordingly.

JUDGE Trupti