Bombay High CourtCAF/1322/2014admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation, Through Its Execuitve Engineer, Washim v. Bhujanga Sarangdhar Sarkate

2015-08-12Hon'Ble Shri Justice A.P. Bhangale2 pages

128caf1322.14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.1322 of 2014 in F.A. St. No.22608 of 2013 (VIDC, Washim .vs. Bhujanga Sarandhar Sarkate and Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr.A.V.Palshikar, Adv. for the applicant.

Mr.S.A.Marathe, Adv. for respondent nos. 1 and 2. Mr.Mukund Ekre. AGP for respondent nos. 3 and 4.

CORAM

: A.P.BHANGALE, J.

DATE : 12.8.2015.

Civil Application No.1322 of 2014 Heard.

This application is filed by the appellant/ applicant for grant of leave to file appeal on the ground that the applicant was not a party in the reference Court. That being so, in the larger interest of justice, leave is granted, as prayed for. The application is allowed. Civil Application No. 1324 of 2014 Heard.

This application is filed by the appellant/applicant for condonation of delay in filing the appeal. The application is pending since the month of December, 2013. There is a huge delay of 1257 days. Though the delay is huge, since it is not deliberate, for the

128caf1322.14 2/2 reasons stated in the application, same is allowed. Delay is condoned subject to payment of costs of Rs.1,000/- to the respondents. The amount of costs shall be payable to the respondents equally.

Civil Application No. 1325 of 2014 Heard.

Issue notice returnable on 26.8.2015.

Mr.S.A.Marathe, learned Counsel waives service on behalf of respondent nos. 1 and 2. Mr.Mukund Ekre. learned A.G.P. waives service on behalf of respondent nos. 3 and 4.

If the entire amount under the Award is deposited in this Court within eight weeks, there shall be ad interim stay to the impugned Judgment and Award. JUDGE *jais