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Bombay High CourtCAF/3155/2016ca disposed off

Executive Engineer, Purna Medium Project, Achalpur Division, Amravati v. Arvind S/O Dinkar Deshmukh And 2 Others

2017-06-20Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

5-CAF-1148-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1148 OF 2016 IN FIRST APPEAL ST. NO.23723 OF 2015 Executive Engineer, Purna Medium Project Division, Achalpur, Dist. Amravati -vsArvind s/o Dinkar Deshmukh and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A. Parihar, Advocate for applicant/appellant. Shri R. J. Shinde, Advocate for respondent No.1. Shri M. A. Kadu, AGP for respondent Nos.2 and 3. CORAM : DR S.S. PHANSALKAR-JOSHI, J.

DATE : JUNE 20, 2017 Heard.

For the reasons stated in paragraphs 2 to 4 of the application, as sufficient cause is made out, delay in filing the first appeal is condoned with no order as to costs. Civil application is disposed of. C.A.F. No.3155 of 2016 It is submitted by learned counsel for the appellant that as per order dated 28/03/2016 the entire amount of compensation was to be deposited within twelve weeks.

However, for unavoidable circumstances, appellant could not deposit the amount of compensation within stipulated period. Now he is having the cheque of the said amount which would be deposited within one week from today. In view thereof office is directed to accept the said cheque towards decreetal amount. In view thereof stay granted earlier to continue till decision of the appeal. Civil application is disposed of.

5-CAF-1148-16 2/2 F.A. St. No.23723 of 2015 Heard. Admit. Call for record and proceedings. Shri R. J. Shinde, learned counsel waives notice on behalf of respondent No.1. Learned Assistant Government Pleader waives notice on behalf of respondent Nos.2 and 3.

Appellant to file private paper-book within six months after receipt of record and proceedings.

JUDGE Asmita