Chief Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Ushabai Sawairam Rathod And Others

caf.4480.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.4480 of 2019 in First Appeal St. No.12447 of 2019 Chief Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal vs.

Ushabai Sawairam Rathod & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. I.P. Khisti, Advocate for the Applicant/Appellant. Shri S.V. Ingole, Advocate for Respondent No.1. Ms. Shamsi Haider, A.G.P. for Respondent Nos.2 & 3.

CORAM

: SMT. ANUJA PRABHUDESSAI, J.

DATE : 27 th JANUARY, 2021.

The applicant-appellant has sought to condone the delay of 627 days in preferring the appeal.

For the reasons stated in the application, the delay is condoned subject to costs of Rs.5,000/- (Rupees Five Thousand Only) to be paid to the Vidarbha Lady Lawyers Association, Nagpur within a period of one week.

The application stands disposed of accordingly.

Civil Application [CAF] No.1546/2020 :

By this application, applicant-respondent No.1 has sought withdrawal of the amount of compensation deposited by the appellant.

Perused the impugned judgment.

Considering the nature of evidence on record, the

caf.4480.19 2/2 applicant-respondent No.1 is permitted to withdraw 50% of the amount of compensation on filing an undertaking that in case the appeal is allowed, the said amount shall be refunded along with the interest at such rate, the Court may direct. Further, 50% of the amount of compensation is permitted to be withdrawn in equal proportion on furnishing a solvent surety to the satisfaction of the Registrar (Judicial). The application stands disposed of.

Civil Application [CAF] No.4481/2019 :

It is stated that the entire amount of compensation, as per the impugned judgment and award, has been deposited in the Court.

In the light of the said statement, the execution and implementation of the impugned judgment is stayed till the disposal of the appeal. The application stands disposed of.

First Appeal St. No.12447/2019 :

Heard.

Admit.

Shri S.V. Ingole, learned Counsel waives service of notice on behalf of respondent No.1 and Mrs. Shamsi Haider, learned A.G.P. waives on behalf of respondent Nos.2 & 3.

Call for records and proceedings.

Paper-book to be filed within a period of six months.

JUDGE *sandesh