V.I.D.C., Through Exe. Engineer, Amravati Project Construction Division, Amravati v. Sachin Wamanrao Katolkar And Others

1 21 caf 914-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1969/2023 I N FIRST APPEAL ST. NO.21746/2022 VIDC, thr. Its Executive Engineer, Amravati Project Construction Division, Jail Road Amravati and another Vs.

Sachin Wamanrao Katolkar 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 Nikhil Waghmare, Advocate h/f Shri P. Patil, Advocate for applicants Mrs S.W. Deshpande, Advocate for respondent No.1 Shri K.L. Dharmadhikari, AGP for respondent Nos.2 and 3 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

17/07/ The application is filed for grant of stay to the effect, execution and operation of the impugned order. Earlier, vide order dated 03/04/2023, conditional stay was granted and entire decreetal amount was directed to be deposited within ten weeks. However, it could not be deposited due to same formality to be completed.

2.

Today, the learned Counsel for appellant submits that he is ready with the amount and he will deposit within one week. As such, there shall be stay to the effect, execution and operation of the impugned judgment subject to deposit of entire decreetal amount along with interest within a period of one week with this Court. Failure to which, the interim stay granted shall stand vacated without reference to the Court.

2 21 caf 914-2023 3.

The application stands disposed of accordingly.

CIVIL APPLICATION NO.914/2023 1.

The present application is filed for condonation of delay in filing First Appeal. There is delay of 133 days.

2.

The application is opposed by learned Counsel for respondents. However, for the reasons stated in paragraph Nos.3 and 4 of the application, I am satisfied that there is no intentional delay in filing appeal. As such, the application is allowed.

3.

The delay in filing First Appeal is hereby condoned.

4.

The Registry is directed to register the First Appeal.

5.

The application stands disposed of accordingly.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE