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Bombay High CourtCAF/1835/2017admittedallwdgrantedrule absolute

Executive Engineer Bembla Project Yavatmal v. Ramdas Namdeo Kawalkar And Others

2018-09-25Hon'Ble Shri Justice V.M. Deshpande1 pages

caf1835.17 4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.1835/2017 IN FA ST.NO.17176/2016 Executive Engineer, Bembla Project, Yavatmal ..vs..

Ramdas Namdeo Kawalkar and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri M.A. Kadu, Counsel for the applicant.

Shri A.B. Nakshane, Counsel for non-applicant No.1. Shri I.J. Damle, AGP for non-applicant Nos.2 and 3.

CORAM

: V.M. DESHPANDE, J.

DATED : SEPTEMBER25, 2018.

1.

Heard learned counsel Shri M.A. Kadu for the applicant. 2.

This is an application for condonation of delay in preferring an appeal. Delay is of 395 days. Notices on this application were issued to the non-applicants. Learned AGP Shri I.J. Damle appears for non-applicant Nos.2 and 3. Whereas, learned counsel Shri A.B. Nakshane appears for nonapplicant No.1/original claimant. 3.

Learned counsel Shri A.B. Nakshane for applicant No.1. fairly submits that he has no objection for condoning the delay. The statement is accepted.

4.

For the reasons stated in the application, the application is allowed. The delay is hereby condoned. Office is directed to register the first appeal.

5.

The civil application stands disposed of accordingly. 6.

At this stage, learned counsel Shri M.A. Kadu for the applicant submits that the applicant be permitted to deposit the entire decretal amount as ordered by this Court on earlier occasion.

7.

The permission is granted to learned counsel Shri Madu to deposit the entire decretal amount within a period of two weeks from today. JUDGE !! BRW !!

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