Vidarbha Irrigation Development Corporation, Thr. Executive Engineer, Yavatmal v. Pundlik Bhujappa Zade And Others

1406 CAF 3681-2016 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 3681/2016 IN FIRST APPEAL ST. No. 12228/2016 V.I.D.C. THROUGH ITS EXE. ENGINEER, YAVATMAL PROJECT CONSTRUCTION DIVISION, DISTT. YAVATMAL -vs- PUNDLIK BHUJAPPA ZADE AND OTHERS. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri J.B. Kasat, counsel for appellant.

Shri A.R. Chutke, AGP for respondent nos.2 & 3. CORAM : DR S.S.PHANSALKAR-JOSHI, J.

DATE : JUNE 14, 2017 For the reasons stated in the application, the applicant being the acquiring body, and hence it's presence being necessary, the application is allowed and leave is granted to file the appeal.

C.A.F. No. 463/2017.

This is an application for condonation of delay of 250 days in preferring the appeal.

Heard learned counsel for the appellant and Assistant Government Pleader for the respondent nos.2 and 3. The learned counsel for the respondent no.1 is absent when called out.

For the reasons stated in para nos.2 to 4 of the application and as the sufficient cause is made out in the application, the delay is condoned.

The application is allowed with no order as to costs.

Hence, application is disposed of accordingly.

1406 CAF 3681-2016 2/2 FIRST APPEAL ST. No. 12228/2016.

Heard learned counsel for the appellant and learned Assistant Government Pleader for the respondent nos.2 and 3. The learned counsel for the respondent no.1 is absent when called out.

ADMIT.

Call for Record and Proceedings.

The appellant to file private paper book within 6 months after receipt of Record and Proceedings. C.A.F. No. 464/2017.

The learned counsel for the appellant submits that he is having the cheque issued towards depositing of entire amount of compensation and he may be permitted to deposit the same in the court.

In view thereof, the Registry is directed to accept the cheque of the decreetal amount.

On deposit of the said cheque, ad-interim stay granted shall become absolute till the decision of the appeal.

JUDGE Yenurkar