Atmaram S/O Tulshiram Rathod v. Vidarbha Irrigation Development Corp., Its Exe. Engineer, Project Const. Division, Yavatmal And ORS

907CA 2357-2019.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAO)NO. 2357 OF 2019 IN CROSS OBJECTION (ST) NO. 11513/2019 IN FIRST APPEAL NO. 162 OF 2019 Atmaram Tulshiram Rathod Vs.

Vidarbha Irrigation Development Corporation, it's Executive Engineer, Project Construction Division, Yavatmal, Tq. & District Yavatmal 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 J.B Kasat, Advocate for respondent No.1 and 2 Shri K.L. Dharmadhikari, AGP for respondent Nos. 3 and 4 CORAM :- A.S.CHANDURKAR AND N.B.SURYAWANSHI, JJ.

DATED :- DECEMBER 04, 2020.

The cross objector has filed the present application seeking condonation of delay of 117 days in filing the cross objection.

The learned advocate appearing for acquiring bodies/respondent No.1 has strongly opposed the application. However, since the delay is properly explained in the application, the application is allowed. The delay of 117 days in filing cross-objections is condoned. Civil application is disposed of.

It is made clear that cross objector shall not be entitled to claim interest, in case the

907CA 2357-2019.odt 2 cross-objections are allowed, with effect from 18/08/2016 till today.

CROSS OBJECTION NO.11513 OF 2019 Heard.

Admit.

Shri Kasat, learned Advocate waives service of notice for respondent Nos. 1 and 2. Shri K.L. Dharmadhikari, learned A.G.P. waives service of notice for respondent Nos. 3 and 4.

In view of the order passed in Civil Application No.2357/2019, the cross objector shall not be entitled to claim interest for the period between 18/08/2016 till 04/12/2020.

JUDGE JUDGE J.Pethe..