Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Irrigation Div., Yavatmal And ANR v. Rahul Uttamrao Zoting And Others

1 caf1173.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1173 OF 2021 IN FIRST APPEAL ST. NO.12939/2019 [VIDC and one .vs. Rahul Uttamrao Zoting and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Vinay Dahat, Adv. h/f Shri J.B. Kasat, Adv. for appellants, Shri V.D. Darne, Advocate for respondent nos.1 to 4, Shri S.A. Ashirgade, Add.G.P. for respondent nos.5 and 6. ..........

C ORAM : SMT. M.S. JAWALKAR, J.

D ATE : 21/06/2022 .

Heard.

Present application is filed by the applicantsappellants for condonation of delay in filing the appeal. The application is vehemently opposed by the respondents. However, for the reasons stated in the application, the application is allowed. The delay in filing appeal is hereby condoned. Registry is directed to register the First Appeal.

Civil Application is allowed and disposed of. Civil Application (CAF) No.1280/2022 Heard.

Present application is filed by the respondents-claimants for grant of permission to

2 caf1173.21.odt withdraw the amount deposited by the appellants. Permission is granted to withdraw 50% of amount, subject to undertaking that if appellants succeed in the appeal, respondents/claimants will refund the amount as per final order which will be passed in appeal. Civil Application stands disposed of accordingly.

[Smt. M.S. Jawalkar, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur