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Bombay High CourtCAF/1566/2024allowed

The Executive Engineer, Upper Painganga Project Division, Umarkhed, Yavatmal v. Sk. Mehboob Sk. Chhotu And Others

2024-09-03Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:9988 1 16caf1566.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1566 OF 2024 IN FIRST APPEAL ST. NO.14241 OF 2022 [The Executive Engineer, Upper Painganga Project Division, Umarkhed, District-Yavatmal .vs. Sk. Mehboob Sk. Chhotu and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.R. Joharapurkar, Advocate for Applicant-Appellant. ..........

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : SEPTEMBER 03, 2024.

1.

Heard.

2.

This is an application under Section 5 of the Limitation Act for condonation of delay caused for filing appeal.

3.

For the reasons mentioned in the application, the application is allowed in the interest of justice. The delay of 87 days caused in filing appeal is hereby condoned.

4.

The application stands disposed of.

FIRST APPEAL ST. NO.14241/2022 1.

Heard.

2.

Admit.

3.

Issue notice to the respondents, returnable after six weeks.

2 16caf1566.24.odt 4.

Learned Assistant Government Pleader Ms. Deepa Charlewar waives service of notice for respondent nos.17 and 18.

5.

Call record and proceedings.

CIVIL APPLICATION NO.1567/2024 1.

This is an application for stay to the execution of the impugned judgment and award passed by the reference court in L.A.C. No. 203 of 2010 dated 06.05.2021. 2.

Perused the application.

3.

Heard learned Advocate for both the sides.

4.

Learned Advocate for the applicant-appellant submits that the applicant is ready to deposit the amount under award in this Court within twelve weeks. 5.

If the amount is deposited within twelve weeks, there shall be stay in terms of prayer clause (1). 6.

The application is, thus, allowed and disposed of. (SANJAY A. DESHMUKH, J.) Gulande