V.I.D.C. Nagpur Thr. Exe. Engineer, Amravati Proj. Const. Div. No. 1 And Another v. Rahul Gopalrao Thakre And Others

CAF 126.20.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (F) No.126/2020 in First Appeal St No.24455/2018 VIDC Executive Engineer and another V Rahul Thakre 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 J.B. Kasat, appellant.

Shri M.A. Kadu, AGP for resp. nos.2 and 3.

CORAM : S.M. MODAK, J.

DATE : 16 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 54 days in preferring an appeal. Though notice is served on respondent no.1 he has not appeared. The delay is satisfactorily explained. They took time in completing the office procedure. Hence, the delay of 54 days in preferring an appeal is condoned. Application is disposed of.

First Appeal St. No.24455/2018 Heard.

Learned AGP waives notice for respondent nos. 2 and 3.

Issue fresh notice to respondent no1, returnable after six weeks.

CAF 126.20.

2/2 Admit.

Call R and P.

Civil Application (F) No.127/2020 Stay is granted to the execution of the impugned judgment and decree subject to deposit of entire decretal amount within the period of 10 weeks.

2.

Application is disposed of.

3.

The claimants are at liberty to ask for its withdrawal and it will be considered on merits. JUDGE Deshmukh