Executive Engineer, Medium Project, Nagpur v. Madhukar S/O Mirgu Rajghare And Others

CAF1208.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Civil Application (F) No.1208/2016 in FA St.No.23872/2015 Executive Engineer, Medium Project Vs. Madhukar Mirgu Rajghare and others ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri Nilesh Gaidhane, Advocate for applicant/appellant. Shri C.R.Najbile, Advocate for respondent nos.1, 3 and 4. Mrs. Harshada Prabhu, AGP for respondent nos.6 and 7. CORAM : A.S.CHANDURKAR, J.

DATE : 7th January, 2019.

The applicant prays that the delay in filing first appeal be condoned. Though the prayer is opposed by the learned counsel for the respondent nos.1, 3 and 4, considering the reasons mentioned in the application, the delay is filing the appeal stands condoned.

The civil application is allowed and disposed of. First Appeal No._______/2019 Heard.

Admit.

Call for record and proceedings.

Shri C.R.Najbile, learned counsel waives notice on behalf of legal representatives of respondent nos.1, 3 and 4 and Mrs. Prabhu, learned AGP waives notice on behalf of respondent nos.6 and 7.

To be heard with First Appeal No.64/2017.

Civil Application (O) No.1474/2018 Perused the contents of the application especially para 4 thereof. Also perused the order dated 6th September, 2017 referred to therein. Shri N.M.Gaidhane, learned

CAF1208.16 2/2 counsel for the appellant does not dispute the correctness of the statements made in para 4 of the civil application. In that view of the matter and in the light of order dated 6th September, 2017 the claimants are permitted to withdraw 80% of the amount deposited by the appellant subject to filing of an usual undertaking within a period of eight weeks.

The civil application is disposed of.

JUDGE Andurkar