Bombay High CourtCAF/1109/2019disposedoff

Executive Engineer Purana Medium Project Achalpur Amravati v. Ajay Sudhakar Band And Others

2019-12-10Hon'Ble Shri Justice Vinay Joshi3 pages

1 CAF1109.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1109 OF 2019 IN FIRST APPEAL ST. NO. 16727 OF 2016 Executive Engineer, Purana Medium Project, Achalpur ..vs..

Ajay Sudhakar Band and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

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s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. P.P. Choube, Adv. h/f Mrs. A.A. Joshi, for appellant. Mrs. M.A. Barabde, A.G.P. for respondent nos. 4 and 5. CORAM : VINAY JOSHI, J.

DATED : 10 th DECEMBER, 2019 The appellant is seeking condonation of delay of 409 days caused in filing the appeal. The appellant has placed administrative difficulties as a reason for the delay. Original claimants/respondent nos. 1 to 3 have not resisted the ground for the delay since no one is present though served.

In these circumstances, considering the unresistable ground, the delay stands condoned. Civil Application stands disposed accordingly. Appeal be registered.

2 CAF1109.19 FIRST APPEAL ST. NO. 16727 OF 2016 ADMIT.

Call R & P.

Learned Assistant Government Pleader Mrs.

M.A. Barabde waives notice for respondent nos. 4 and 5. Issue notice to respondent nos. 1 to 3 on merit, returnable on 04.02.2020.

CIVIL APPLICATION (CAF) NO. 1110 OF 2019 The appellant is seeking stay to the execution of the impugned award passed in L.A.C. No. 70 of 2008. It is informed that principle amount is already deposited with the Reference Court and the entire balance amount would be deposited within two weeks.

Considering the said statement, execution of impugned award is stayed for the period of two weeks. If, the amount is deposited as assured then the stay would remain in force till the disposal of the appeal. Civil Application stands disposed accordingly.

3 CAF1109.19 CIVIL APPLICATION (CAO) NO. 2294 OF 2019 By this application, appellant is seeking permission to deposit the remaining decreetal amount. The appellant is permitted to deposit the amount as prayed within two weeks. Civil Application stands disposed accordingly.

JUDGE Trupti