Bombay High CourtCAF/549/2017dismissedrule discharged

Present Executive Engineer Medium And Minor Irrigation Division Achalpur v. Baburao S/O Marotirao Badukale And Others

2018-02-27Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf548.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.548 OF 2017 IN FIRST APPEAL ST. NO. 16527 OF 2016 (EXECUTIVE ENGINEER PURNA MEDIUM PROJECT ACHALPURDN...VS.. BABURAO MAROTIRAO BADUKADE & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S.Agrawal, Adv. h/f. Shri P.B.Patil, Advocate for Applicant. Shri S.S.Shingane, Advocate for Respondent No.1. Ms Mayuri Deshmukh, A.G.P. for N.A./Respondent Nos. 2 & 3. CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 27, 2018.

The application praying for condonation of delay of 132 days in filing the appeal is opposed by the respondent No.1/claimant.

Though certain pleadings justifying delay are lacking, accepting the explanation given in the application, delay of 132 days in filing the appeal is condoned. The civil application is allowed accordingly. FIRST APPEAL ST.NO.16527/2016.

Taken up for admission.

ADMIT

2 caf548.17 Shri S.S.Shingane, advocate waives notice for the respondent No.1 and Ms Mayuri Deshmukh, A.G.P. waives notice for the respondent Nos. 2 and 3.

Call R & P.

The appellant to file private paper book within six months.

CAF NO.549/2017 The award is dated 27th November, 2015 and the appeal is filed on 13th July, 2016. The appellant has not been vigilant in prosecuting the matter. Even today, the appellant is not ready with an offer to deposit the amount immediately. Considering the laxity on the part of the appellant, the civil application praying for stay to the execution of the impugned award is dismissed. No costs. JUDGE RRaut..