Executive Engineer, Lower Wardha Project Divison, Wardha v. Sanjay S/O Ramkrushana Dethe And Others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.3843 OF 2017 IN FIRST APPEAL ST. NO.15437 OF 2017 (Executive Engineer, Lower Wardha Project Division vs. Sanjay s/o Ramkrushana Dethe and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Shri B.N. Jaipurkar, Advocate for applicant.
-------- CORAM : P.N. DESHMUKH, J.
DATED : OCTOBER 5, 2017 Issue notice to respondents.
Shri Chopde, learned Counsel waives notice for respondent no.1. Shri Kadu, learned Assistant Government Pleader waives notice for respondent nos.2 and 3.
Learned Counsel for respondents submit that they do not intend to file reply and application may be disposed of by hearing oral submissions.
This application is filed by applicant/ appellant for condonation of 196 days' delay caused in filing first appeal challenging judgment and award dated 27/9/2016 passed by learned Reference Court in L.A.C. No.40/2009.
For the grounds mentioned in para 2 of the application, though respondents have opposed the application, delay is condoned in the interest of justice. The application is allowed.
0510caf3843.17 2/2 FIRST APPEAL ST. NO.15437 OF 2017 Heard learned Counsel for the parties.
Admit.
Shri Chopde, learned Counsel waives notice for respondent no.1. Shri Kadu, learned Assistant Government Pleader waives notice for respondent nos.2 and 3.
Call R & P.
CIVIL APPLICATION NO.3844 OF 2017 Heard learned Counsel for the parties.
Perused the application.
The effect, operation and execution of the impugned judgment and award dated 27/9/2016 passed by learned 3rd Joint Civil Judge, Senior Division, Wardha in L.A.C. No.40/2009 shall stand stayed subject to appellant depositing entire decretal amount with the Registry of this Court within twelve weeks from today. The application is disposed of.
JUDGE khj