Executive Engineer Purna Madhyam Project Achalpur Division Amravati v. Sunil Wamanrao Mankar And Others

1 caf1040.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.1040/2017 IN FIRST APPEAL STAMP NO.17725/2016 Executive Engineer, Purna Madhyam Project, Achalpur Division, Achalpur ..Vs..

Sunil Wamanrao Mankar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. A.A. Joshi, Advocate for the applicant / appellant. CORAM : Z.A. HAQ, J.

DATE : 13.4.2018.

Heard.

Accepting the explanation given in the application, delay of 617 days in filing the appeal is condoned. The civil application is allowed accordingly. No costs.

FIRST APPEAL STAMP NO.17725/2016 First Appeal is taken up for hearing on admission.

Admit.

Call record and proceedings.

Shri D.P. Dapurkar, Advocate waives notice for respondent No.1.

Shri M.A. Kadu, A.G.P. waives notice for respondent Nos.2 and 3.

2 caf1040.17 C.A.F. NO.1041/2017 As the appellant has deposited the amount, interim order granted on 3rd July, 2017 to continue till disposal of appeal.

Considering the facts of the case, it is directed that the amount deposited by the appellant alongwith interest on it, if any, be given to respondent No.1 / claimant on submitting undertaking stating that in case at the time of hearing it is found that respondent No.1 / claimant is not entitled for the amount withdrawn by him, he will re-deposit it with interest as may be directed by this Court, within two months from the date of the order.

JUDGE Tambaskar.