Vidc Nagpur Thr. Exe. Engineer, Medium Pro. Div. (Now Yavatmal Proj. Construction Division) And ANR v. Panjab Ramchandra Khatare And Others

caf3152.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.3152/2018 IN F.A.ST.NO.14188/2018 V.I.D.C., Nagpur through its E.E. Medium Project Division, Yavatmal and anr. .vs. Panjab Ramchandra Khatare and Ors.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. V. Dahat, Advocate for applicants.

Mr. A. Darekar, Advocate for non applicant no.1. Mr. I. Damle, A.G.P. for non applicant nos. 2 and 3-State. CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 23, 2018 This is an application for leave to file appeal. I have heard Mr. Dahat, learned counsel for the applicants, Mr. Darekar, learned counsel for non applicant no.1 and Mr. Damle, learned A.G.P. for non applicant nos.2 and 3.

In view of the law laid down by the Hon'ble Apex Court in Vidarbha Irrigation Development Corporation .vs. Santosh Janba Warghane & anr.; reported in 2017 (4) Mh. L. J. 64, the application is allowed. Leave is granted to the applicant to file the appeal.

The application is disposed of.

Civil Application St. No.14192/2018 This is an application for condonation of delay in preferring appeal filed by the appellant. Delay is of 378 days. Notices on this application were issued.

caf3152.18.odt I have heard Mr. Dahat, learned counsel for applicants, Mr. Darekar, learned counsel for non applicant no.1 and Mr. Ingole, learned A.G.P. for non applicant nos.2 and 3.

After hearing the respective counsel and for the reasons stated in the application, the application is allowed. Delay of 378 days in filing the appeal is condoned. Office is directed to register the appeal. The application is disposed of.

First Appeal Stamp No.14188/2018 Heard Mr.Dahat, learned counsel for appellants.

ADMIT. Call for the record and proceedings.

Mr. Darekar, learned counsel waives notice for respondent no.1 and Mr. Ingole, learned A.G.P. waives notice for respondent nos.2 and 3.

JUDGE kahale