Bombay High CourtCAF/3107/2014admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation Through Its Executive Engg., Khamgaon v. Ramchandra Rajaram Walokar And Another

2015-02-11Hon'Ble Shri Justice Z.A. Haq2 pages

1102caf3107.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION F. NO.3107/2014 IN FIRST APPEAL ST. NO.20223/2014 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Man Project Division, Khamgaon ...Versus...

Ramchandra Rajaram Walokar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.B. Kasat, Advocate for applicant Shri J.B. Gandhi, Advocate for non-applicant no.1 Mrs. A.R. Taiwade, AGP for non-applicant no.2 CORAM : Z.A. HAQ, J.

DATE : 11.02.2015 Heard the learned Advocates for the respective parties.

For the reasons stated in the application and the fact that it is not opposed by the non-applicants inasmuch as reply is not filed, the delay of 43 days in filing the appeal is condoned. FIRST APPEAL ST. NO.20223/2014 Issue notice, returnable on 20.07.2015.

Advocate Shri J.B. Gandhi waives notice on behalf of the respondent no.1. Assistant Government Pleader Mrs. A.R. Taiwade waives notice on behalf of the respondent no.2. Call for the record and proceedings.

CIVIL APPLICATION F. NO.3108/2014 The appellant has deposited the amount as per the impugned order with the Registry of this Court.

1102caf3107.14.odt The respondent no.1 is permitted to withdraw the amount on filing undertaking to the satisfaction of the learned Registrar (Judicial) of this Court to the effect that if at the time of hearing it is found that the respondent no.1 is not entitled for the amount withdrawn by him, he shall deposit the amount with the Registry of this Court along with interest as would be determined by this Court within stipulated time.

In view of the above, the execution of the impugned order is stayed.

JUDGE Wadkar