Bombay High CourtCAF/3158/2017dispossed offdismiss for default

The Executive Engineer, Purna Medium Project Division, Amravati v. Vishwasrao Ramchandra Deshmukh (Deceased) Thr. Lrs Uttamrao Vishwasrao Deshmukh And Others

2017-08-03Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

0308 CAF 572-2017 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 572/2017 IN FIRST APPEAL ST. No. 20653/2016 (EXE. ENGINEER, PURNA MEDIUM PROJECT, ACHALPUR DIVISION, ACHALPUR, DISTT. AMRAVATI -vs- VISHWASRAO RAMCHANDRA DESHMUKH SINCE DECEASED THROUGH L.RS. UTTAMRAO VISHWASRAO DESHMUKH 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 V.G. Palshikar, counsel for appellant.

Shri R.J. Shinde, counsel for respondent nos.1 to 5. Shri A.R. Chutake, AGP for respondent nos.6 and 7. CORAM: DR. SMT. SHALINI PHANSALKAR-JOSHI, J.

DATE : AUGUST 03, 2017.

This is an application filed by the appellant seeking condonation of delay in preferring the appeal. Learned counsel for respondent nos.1 to 5, Shri R.J. Shinde submits that he has no objection to condone the delay.

Hence, though the delay is of 616 days, in view of no objection given by the respondent nos.1 to 5, claimant, and for the reasons stated in the application, the delay is condoned.

Application is allowed and disposed of, with no order as to costs.

C.A.F. No. 3158/2017.

This is an application for withdrawal of the amount of compensation deposited in the court. Application is filed by the respondent nos.1 to 5, the

0308 CAF 572-2017 2/2 original claimants.

Considering his dire need of the amount, application is allowed.

Respondent nos.1 to 5, claimants are permitted to withdraw the entire amount of compensation subject to furnishing of usual undertaking and subject to furnishing of solvent surety/security for 50% of the amount.

Application is disposed of accordingly.

FIRST APPEAL ST. No. 20653/2016.

Heard.

ADMIT.

Call for R and P.

Appellant to file private paper book within six months after receipt of R and P.

Notice to respondent nos.1 to 5 is waived by counsel Shri R.J. Shinde, whereas notice to respondent nos.6 and 7 is waived by AGP.

JUDGE Yenurkar