The Executive Engineer, Lower Wardha Project Division, Vidarbha Irrigation Development Corporation v. Taiyab Ali Ahmad Ali And Others

25-CAF-2428-14 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2428 OF 2014 IN FIRST APPEAL (ST) NO.15512 OF 2014 The Exe. Engineer, Lower Wardha Project Dvn. V.I.D.C. Wardha -vsTaiyab Ali Ahmad Ali & Ors.

----------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri S. G. Jagtap, Advocate for appellant.

Shri D. S. Lambat, Advocate for respondent Nos.1 to 3. Smt. M. N. Hiwase, AGP for respondent Nos.4 and 5. CORAM : A.S.CHANDURKAR, J.

DATE : APRIL 24, 2015 Prayer is to condone delay in filing the first appeal. Besides the application, an additional Affidavit dated 20/04/2015 has been filed on record. Reasons for said delay are mentioned therein. It is stated that the counsel appearing for the applicant did not inform it about passing of the impugned judgment.

The prayer for condonation of delay is opposed by learned counsel for the applicant by relying upon the judgment of Supreme Court in Union of India & Ors. V. Nripen Sarma 2013(4) Mh.L.J. 121. It is submitted that there is no satisfactory explanation for the delay. Considering the contents of the Affidavit dated 20/04/2015, I am satisfied that a case for condoning delay has been made out. Same is however subject to costs of Rs.2000/- to be paid by the applicant to the non-applicant Nos.1 to 3 within period of four weeks from today. Civil application is allowed and disposed of in aforesaid terms. JUDGE Asmita