V.I.D.C. Thr. Exe. Engineer, Medium Project Division, Yavatmal v. Eknath Satvaappa Zade And Others

2024:BHC-NAG:11506

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2324OF 2021 IN FIRST APPEAL ST. NO.4214 OF 2021 VIDC, through EE, Yavatmal .Vs. Eknath Satvaappa Zade 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 K.P. Mahalle, Advocate for appellant.

Ms Mukta Kavimandan, A.G.P. for respondents/State. Shri A.B. Nakshane, Advocate for respondent No.1. CORAM : SANJAY A. DESHMUKH, J.

DATED : 14/10/2024 1.

This is an application for condonation of delay of 357 days caused for filing application for bringing legal representatives of respondent No.1 on record. The learned advocate for the appellant contended that, the applicant is Corporation and sometime was required for pressing the application and getting addresses of the legal representatives of respondent No.1, therefore, delay is caused.

The learned advocate for the respondents strongly objected the application.

6.

Considering grounds stated in the application, it appears that, delay is not deliberately caused therefore, the

application deserves to be allowed in the interest of justice. The application is allowed. Delay of 357 days is condoned. 7.

Application is disposed.

CIVIL APPLICATION (CAF) NO.2323 OF 2024 1.

This is an application for setting aside the abatement.

Considering reasons stated in the application, the application deserves to be allowed in the interest of justice.

The application is allowed and disposed.

CIVIL APPLICATION (CAF) NO.2325 OF 2024 1.

This is an application for bringing legal representatives of respondent No.1 on record. Considering reasons stated in the application, the application is allowed with direction to the appellant/applicant to carry out the amendment within a week.

Application is allowed and disposed.

CIVIL APPLICATION (CAF) NO.2777 OF 2024 1.

This is an application for permission to withdraw the amount.

Considering reasons stated in the application, the application deserves to be partly allowed. Registry is directed to pay 75% amount out of amount deposited in this Court as per the award of the Reference Court to the power of attorney holder Shri Ganesh Eknathaappa Zade by usual undertaking along with accrued interest thereon.

6.

Application is allowed and disposed.

(SANJAY A. DESHMUKH, J.)