Vidarbha Irrigation Development Corporation Thr. Executive Engineer,Minor Irrigation Division,Washi v. Jijabai Sukhdeo Kamble And Another

caf.4403.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAO] No.656 of 2020 in First Appeal St. 26075 of 2018 Vidarbha Irrigation Development Corporation, through Executive Engineer, Minor Irrigation Division, Washim vs.

Jijabai Sukhdeo Kamble & another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mrs. U.A. Patil, Advocate for the Applicant/Appellant. Shri P.S. Girdekar, Advocate for Respondent No.1. Shri H.D. Dubey, A.G.P. for Respondent No.2.

CORAM

: S.M. MODAK, J.

DATE : 27 th OCTOBER, 2020.

Hearing was conducted through Video Conferencing and the learned Advocates agreed that the audio and visual quality was proper.

Heard Mrs. U.A. Patil, learned Advocate for the appellant, Shri P.S. Girdekar, learned Advocate for respondent No.1 and Shri H.D. Dubey, learned A.G.P. for respondent No.2.

This Court has recorded a statement made on behalf of the appellant about deposit of the compensation amount within twelve weeks. It was on 3rd December, 2019. But, for the reasons stated in the application, the amount could not be deposited earlier. Permission needs to be granted.

Hence, the appellant is permitted to deposit the Demand Draft for Rs.38,30,719/- within a period of

caf.4403.19 2/2 one week from today with the Registry to this Court. Respondent No.1 is at liberty to ask for withdrawal and it will be decided on merit.

The application is allowed and disposed of accordingly.

Civil Application [CAF] No.4403/2019 Heard.

For the reasons stated in the appeal, the appeal could not be filed in time. The respondents are not objecting for the same. Hence, the order. The delay caused in preferring an appeal is condoned.

The application is allowed and disposed of.

First Appeal St. No.26075/2018 :

Heard.

The appeal is admitted.

Call for record and proceedings.

Shri P.S. Girdekar, learned Advocate waives notice for respondent No.1 and Shri H.D. Dubey, learned A.G.P. waives for respondent No.2. This order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE *sandesh Sandesh Waghmare Date: 2020.10.29 13:06:00 +0530 Sandesh Waghmare