Bombay High CourtCAF/3842/2016ca disposed off

Executive Engineer Lower Wardha Project Division Wardha v. Bandu S/O. Maroti Kailuke And Others

2016-11-29Hon'Ble Shri Justice Sunil B. Shukre2 pages

1 caf3842.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF No. 3842 of 2016 In FA (St) No. 14886/2016 EE, Lower Wardha v. Bandu and ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. K. Bhoyar, Advocate for applicant/appellant CORAM : S. B. SHUKRE, J.

DATED : NOVEMBER 29, 2016.

Heard learned counsel for the applicant/appellant. Issue notice to the respondents. Shri S. D. Chopde, learned counsel waives notice for respondents no. 1 and 2 while Shri Nitin Rode, learned AGP waives notice for respondents no. 3,4 and 5.

A careful perusal of the application discloses sufficient cause and also no involvement of malafides. Therefore, this application deserves to be allowed and it is accordingly allowed. Delay is condoned. Application disposed of. Appeal be registered.

FA (St) No. 14885/16 : Heard. Admit. Call for R & P. Shri S. D. Chopde, learned counsel waives notice for respondents no. 1 and 2 while Shri Nitin Rode, learned AGP waives notice for respondents no. 3,4 and 5.

CAF No. 3843 of 2016 : Appeal is admitted. Appellant is ready and willing to deposit the entire decretal amount within eight weeks. Therefore, this application deserves to be allowed.

Application is allowed and it is directed that there shall be interim stay in terms of prayer clause (i) of the application till final disposal of the appeal subject to the

2 caf3842.16 condition that the appellant shall deposit in this Court entire decretal amount within eight weeks from today. Application is disposed of.

JUDGE joshi