Executive Engineer, Laghu Pat Bandhare Vibhag, Pusad, V.I.D.C., Pusad, Yavatmal v. Smt. Safiya Bagam W/O J.A. Kayyum Miyan And Others

1 15 caf 178-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 178 OF 2023 IN FIRST APPEAL STAMP NO. 13242 OF 2021 WITH CROSS OBJECTION (XOB) NO. 13 OF 2023 Executive Engineer, Laghu Pat Bandhare Vibhag, Pusad, V.I.D.C., Pusad, Yavatmal Vs.

Smt. Safiya Bagam W/o J.A. Kayyum Miyan (Dead) through LRs 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 C.J. Dhumane, Advocate for the appellant Ms A.N. Kashikar, Advocate for respondent Nos. 1A to 1E Ms H.S. Dhande, AGP for the respondent/State CORAM : SHRI ABHAY J. MANTRI, J.

DATED : 16.07.2025 Applicant/appellant has filed this application to condone the delay of 37 days caused in filing the first appeal. For which, learned Counsel for respondent Nos. 1A to 1E and learned Assistant Government Pleader for respondent Nos. 2 and 3 has given no objection. As such, considering the reason disclosed in the application as well as no objection of the respondents, the application is allowed as prayed. 2.

The delay of 37 days in filing the first appeal is condoned.

3.

Application is disposed of.

4.

The Registry is directed to register the first appeal.

2 15 caf 178-2023.odt FIRST APPEAL STAMP NO. 13242 OF 2021 Heard.

2.

Issue notice to the respondents, returnable after four weeks.

3.

Learned Counsel Ms A.N. Kashikar waives notice on behalf of respondent Nos. 1A to 1E and learned Assistant Government Pleader waives notice for respondent Nos. 2 and 3.

4.

Appellant is directed to deposit the entire compensation awarded amount, along with interest accrued thereon, in the Court, within eight weeks. 5.

Call for record and proceedings.

6.

Learned Counsel for the appellant submitted that the appellant has deposited the awarded amount in the Reference Court, however, seeks time to deposit interest accrued thereon. However, the appellant has not made any statement in the application nor produced any document to show that it has deposited the said amount with the Reference Court. Therefore, the appellant is directed to produce the documents in this regard on record.

7.

List the matter after two weeks.

JUDGE Jayashree....