Bombay High CourtCAF/801/2012dispossed offdismiss for default

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer v. Shri Pralhad Govinda Ingle And 2 Others

2015-01-07Hon'Ble Shri Justice Z.A. Haq2 pages

1 fa1381.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

FIRST APPEAL NO.1381 OF 2013 (V.I.D.C. through its Executive Engineer, Minor Irrigation Division, Washim ..vs.. Shri Pralhad Govinda Ingle 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 Agrawal, Advocate h/f. Shri P.B. Patil for the appellant, None for the respondent No.1, Smt. A.R. Taiwade, AGP for the respondent Nos.2 and 3. CORAM : Z.A. HAQ, J.

DATED : 07-1-2015 Heard Shri Agrawal, the learned Advocate holding for Shri P.B. Patil for the appellant and Smt. A.R. Taiwade, the learned Assistant Government Pleader for the respondent Nos. 2 and 3.

None appears for the respondent No.1.

Admit.

Smt. A.R. Taiwade, the learned Assistant Government Pleader, waives service of notices on behalf of the respondent Nos. 2 and 3.

Civil Application (CAF) No.801 of 2012.

This Court by the order dated 23-6-2014 has granted interim stay in terms of prayer clause (B) of the application, subject to depositing of the amount of compensation as per the Award within twelve weeks. The appellant has not deposited the amount till date and neither any application is filed for extension of time.

2 fa1381.13 However, considering the facts of the case, the appellant is granted four weeks time to deposit the amount as per the Award. If the amount is not deposited within the stipulated time, the interim order shall stand vacated without reference to the Court.

If the amount is deposited within the stipulated time, it shall be invested in fixed deposit in a Nationalised Bank initially for a period of three years and it shall be renewed every year till the decision of the appeal.

The respondent No.1 is granted liberty to file application for permission to withdraw the amount. The civil application is disposed in the above terms.

JUDGE pma