Bombay High CourtCAF/1403/2016admittedallwdgrantedrule absolute

Amravati University, Amravati Now Sant Gadge Baba Amravati, University, Through Its Registrar v. Vijay S/O. Pundlikrao Band And Others

2016-10-26Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf1403.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.1403 OF 2016 IN FIRST APPEAL (STAMP) NO.25046 OF 2015 (Amravati University, Amravati now Sant Gadge Baba Amravati University ..vs.. Vijay s/o Pundlikrao Band and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.G. Loney, Advocate for the appellant, Shri J.J. Chandurkar, Advocate for the respondent No.1, Shri M.A. Kadu, AGP for the respondent Nos.2 and 3. CORAM : Z.A. HAQ, J.

DATED : 26-10-2016 Heard.

Accepting the reasons stated in the application, delay of 10 days in filing the appeal is condoned. The civil application is allowed.

First Appeal (Stamp) No.25046/2015.

The appeal is taken up for hearing on admission. Admit.

Call record and proceedings.

The appellant shall file private paper-book within six months.

Shri J.J. Chandurkar, Advocate waives notice for the respondent No.1.

Shri M.A. Kadu, Assistant Government Pleader waives notice for the respondent Nos.2 and 3.

2 caf1403.16 The appellant has not filed any application praying for interim order. The learned Advocate for the respondent/claimant states that the executing Court is not proceeding with the execution because of pendency of the appeal. The dispute in the appeal is whether the appellant/University is liable to pay the amount of compensation or the State of Maharashtra has to pay the amount of compensation. The appellant/University has not raised any challenge to the amount of compensation determined by the reference Court. In these facts, it is directed that the executing Court should proceed with the execution.

JUDGE adgokar