Shivshankar Laxmanrao Kale v. Executive Engineer, Medium Project Kumbharpind Project, Yavatmal And Oth

CAF2774-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 2774/2016 IN FIRST APPEAL ST. NO. 25100/2015 SHIVSHANKAR LAXMAN KALE -vs- EXE. ENGINEER, MEDIUM PROJECT KUMBHARPIND PROJECT, YAVATMAL AND OTHERS.

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

or directions and Registrar's orders.

Shri A.S. Deshpande, counsel for appellant.

Shri A.R. Chutke, AGP for respondent nos.2 and 3. CORAM : DR S.S.PHANSALKAR-JOSHI, J.

DATE : JUNE 09, 2017 The learned counsel for respondent no.1 waives the service of notice.

The learned AGP waives service of notice on respondent nos.2 and 3.

Heard learned counsels for the appellant and respondents.

The delay in this matter is of 1018 days and therefore substantial one. The learned counsel for respondent no.1, has therefore, opposed the application for condonation of delay.

At this stage, learned counsel for the appellant pointed out that in CAF no.2553 of 2016 in First Appeal Stamp No. 13333 of 2016 which was arising out of the same judgment and award as passed by the reference court, the delay is already condoned by the court vide it's order dated 3rd August, 2016 and the appeal is admitted.

CAF2774-16 2/2 In view thereof and for the reasons given in para nos.2 and 3 of the application, the delay though is of substantial duration, is condoned only in the interest of justice with no order as to costs.

Accordingly application is allowed and finally disposed of.

F.A. ST. No. 25100/2015.

Heard.

Admit.

Call for R and P.

JUDGE Yenurkar