Bombay High CourtCAF/390/2019ca disposed off

Executive Engineer Purana Medium Project Achlpur Amravati v. Smt. Varsha Vishwasrao Kale And Others

2019-08-14Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

caf 390,1517.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 390 OF 2019 with CIVIL APPLICATION (CAO) NO. 1517 OF 2019 in FIRST APPEAL (ST.) NO. 16670 OF 2016 [Executive Engineer Vs. Smt. Varsha Vishwasrao Kale and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Mrs. A. A. Joshi, Advocate for the appellant Shri R. J. Shinde, Advocate for respondent nos. 1 to 3. Shri Nikhil Joshi, AGP for respondent nos. 4 and 5. CORAM : M. G. GIRATKAR, J.

DATE : 14/08/2019 Heard learned Counsel Mrs. Joshi for the appellant and Shri Joshi, learned AGP for respondent nos. 4 and 5. The application is opposed by Shri Shinde learned Counsel for respondent nos. 1 to 3.

The entire amount of compensation is deposited before this Court. The delay is of 840 days and the same is caused due to administrative difficulties.

Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned. Appeal be registered.

FIRST APPEAL (FA) NO. OF 2019 Heard.

Issue notice to the respondents.

caf 390,1517.2019.odt Shri Shinde, learned Counsel waives notice on behalf of respondent nos. 1 to 3.

Shri Joshi, learned AGP waives notice on behalf of respondent nos. 4 and 5.

Call R & P.

CIVIL APPLICATION (CAO) NO. 1517 OF 2019 Heard learned Counsel Shri Shinde for respondent nos. 1 to 3. The amount of compensation of Rs.18,07,669/- is deposited before this Court and Rs.9,11,161/- is deposited before the Reference Court. Respondent nos. 1 to 3 are permitted to withdraw 50% amount on furnishing usual undertaking and remaining 25% amount after furnishing solvent surety/security, which is deposited before this Court. JUDGE SMGate