The Executive Engineer Purna Medium Project Division Achalpur Amravati v. Sunil Panjabrao Tembhare And Others

0308 CAF 262-2017 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 262/2017 IN FIRST APPEAL ST. No. 16656/2016 (EXE. ENGINEER, PURNA MEDIUM PROJECT DIVISION, ACHALPUR, DISTT. AMRAVATI -vsSUNIL PANJABRAO TEMBHARE 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 no.1. Shri A.R. Chutake, AGP for respondent nos.2 and 3. 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 no.1, Shri R.J. Shinde submits that he has no objection to condone the delay.

Hence, though the delay is of 813 days, in view of no objection given by the respondent no.1, 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. 3157/2017.

This is an application for withdrawal of the amount of compensation deposited in the court. Application is filed by the respondent no.1, the original

0308 CAF 262-2017 2/2 claimant.

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

Respondent no.1, claimant is 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. 16656/2016.

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 no.1 is waived by counsel Shri R.J. Shinde, whereas notice to respondent nos.2 and 3 is waived by AGP.

JUDGE Yenurkar