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Bombay High CourtCAF/3084/2015ca disposed off

The Executive Engineer, Bembla Project Division, Vidc, Yavatmal v. Bhaskar Sadashiv Pardakhe And Others

2016-11-30Hon'Ble Shri Justice Sunil B. Shukre2 pages

caf.3084.15 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3084 of 2015 in First Appeal Stamp No.12412 of 2015 (The Executive Engineer, Bembla Project Division, V.I.D.C., Yavatmal vs.

Bhaskar Sadashiv Pardakhe and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: S.B. SHUKRE, J.

DATE : 30 th NOVEMBER, 2016.

Heard Shri S.S. Godbole, learned Counsel for the applicant, Shri A.B. Nakshane, learned Counsel for nonapplicant No.1 and Shri K.R. Lule, learned A.P.P. for nonapplicant Nos.2 and 3. It appears that certified copy of the judgment and order was made available about five months after the delivery of the judgment and order dated 19/03/2013. After this delay, the authorities concerned also took their own time in taking their appropriate decisions. All in all, the only conclusion that would be possible is that there are no mala fides involved. The application is, therefore, allowed. The delay is condoned. The appeal be registered. The application is disposed of accordingly.

caf.3084.15 2 First Appeal Stamp No.12412/2015 :

Heard.

Admit.

Call for record and proceedings.

Shri Nakshane, learned Counsel waives notice for respondent No.1 and Shri Lule, learned A.G.P. waives for respondent Nos.2 and 3.

The facts of First Appeal No.672/2015 being more or less similar to the present appeal, the request of the learned Counsel for respondent No.1 for permitting the respondent No.1 to withdraw 75% of the amount deposited by the appellant in this Court against usual undertaking is granted. Undertaking to be furnished within four weeks from the date of the order.

*sdw JUDGE