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Bombay High CourtCAF/641/2018ca disposed off

Vidarbha Irrigation Development Corp. Thr. Executive Engineer, Bemble Project Div., Yavatmal And An v. Tarachand S/O Roopchand Darda (Dead) Thr. Lrs. Bhagchand S/O Tarachandji Darda And Others

2019-11-18Hon'Ble Shri Justice Vinay Joshi2 pages

1 CAF641.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 641 OF 2018 IN FIRST APPEAL ST. NO. 25969 OF 2017 Vidarbha Irrigation Development Corporation and anr. ..VS..

Tarachand S/o Roopchand Darda (Dead) thr. LR' s 1-a. Bhagchand s/o Tarachandji Darda & ors.

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s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Shweta Hanwate, Adv. h/f Shri M.A. Kadu, Adv. for appellants. Mrs. M.A. Barabde, A.G.P. for respondent nos. 2 and 3. CORAM : VINAY JOSHI, J.

DATED : 18 th NOVEMBER, 2019 Heard.

2.

This is an application for condonation of delay of 217 days caused in filing the First Appeal against the judgment and award passed in L.A.C. No. 59 of 2005 on 31.08.2016. The appellant/acquiring body has stated that, due to procedural formalities unintentional delay has been caused. All the respondents though served are absent. The appellants' contentions has gone unchallenged and therefore, I accept the same and in view of that, delay caused in filing the first appeal is condoned. 3.

The Civil Application stands disposed accordingly.

2 CAF641.18 FIRST APPEAL ST. NO. 25969/2017 Heard.

2.

Admit.

3.

Learned Assistant Government Pleader waives service for respondent nos. 2 and 3.

4.

Issue fresh notice to respondent nos. 1-a to 1-e. CIVIL APPLICATION NO. 642 OF 2018 Heard.

2.

The record indicates that this Court vide order dated 12.02.2018 directed the appellants to deposit the compensation amount within 12 weeks and upon such assumption stay was granted. Till date, the compensation amount has not deposited as ordered.

3.

The appellants are directed to deposit the compensation amount within four weeks from today failing which this Court will be constrained to vacate the stay. Stand over to 16.12.2019.

JUDGE Trupti