Chief Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Shriram Tulsiram Rathod And Others

caf.160.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.160 of 2020 in First Appeal St. No.20346 of 2019 Chief Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal vs.

Shriram Tulsiram Rathod & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. I.P. Khisti, Advocate for the Applicant-Appellant. Shri S.V. Ingole, Advocate for Respondent No.1. Ms. H.N. Jaipurkar, A.G.P. for Respondent Nos.2 & 3.

CORAM

: S.M. MODAK, J.

DATE : 17 th JUNE, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

There is a delay of 782 days in preferring an appeal.

Issue notice to the respondents.

Shri Ingole, learned Advocate waives notice for respondent No.1 and Ms. Jaipurkar, learned A.G.P. for respondent Nos.2 & 3.

Condonation of delay is consented by the respondents. They took time to complete the office procedure. Hence, delay of 782 days in preferring an appeal is condoned.

First Appeal St. No.20346/2019 :

Heard.

Issue notice to the respondents.

caf.160.20 2/2 Shri Ingole, learned Advocate waives notice for respondent No.1 and Ms. Jaipurkar, learned A.G.P. for respondent Nos.2 & 3.

Copy be supplied to the respondents.

Admit.

Call for record and proceedings.

Civil Application [CAF] No.161/2020 :

Heard.

Stay is granted to the execution and implementation of the impugned judgment and award dated 07/03/2017 subject to deposit of the entire decretal amount in this Court within a period of three months.

The claimant will be at liberty to move an application for withdrawal of the amount and the same will be considered on merits.

The application is disposed of accordingly.

JUDGE *sandesh