Vidarbha Irrigation Development Corporation,Through Exe. Enggineer Lower Wardha Project Division v. Babarao Babuji Tidke Since Dead Through Lrs., Smt. Kokilabai Babarao Tidake And Others
2204caf3264.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 3264 & 3265 OF 2014 IN FIRST APPEAL ST. NO. 19333 OF 2014 VIDC the Exed. Engineer Wardha Vs. Babarao Babuji Tidke thr L.Rs. & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri J. B. Kasat Adv for applicant.
Ms. Wasu Adv for respondent nos. 1(A) to 1(D). Smt M.N.Hiwase AGP for respondent nos. 2 & 3. CORAM: A. S. CHANDURKAR J.
DATED: 22 APRIL, 2015.
Prayer is to condone the delay in filing first appeal. In the application it is stated that the applicant was not intimated by counsel representing it of passing of the impugned judgment., Today additional affidavit has been filed on behalf of the applicant in support of said averments.
Application is opposed by the claimant on the ground that applicant has not been diligent in prosecuting the proceedings. Considering reasons assigned and the fact that there was delay in communicating passing of the impugned order application is allowed. Delay in filing first appeal stands condoned. Application is disposed of. F. A. St. No. 19333 of 2014: Heard. Admit. Call for record and
2204caf3264.14 proceedings. Ms. Wasu learned counsel waives notice on behalf of respondent Nos. 1A to 1D. Learned AGP waives notice on behalf of respondent nos. 2 and 3.
C. A. F. No. 3265 of 2014: If the applicant deposits in this Court the entire amount of compensation within 8 weeks from today execution of impugned award shall remain stayed during pendency of the first appeal. Civil application is disposed of.
JUDGE svk