Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Minor Irrigation Division, Washim And ANR v. Tarasingh Baliram Pawar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3121/2019 IN FIRST APPEAL (ST) NO. 26162/2018 Vidarbha Irrigation Development Corporation & anr. -VERSUSTarasingh Baliram Pawar & ors.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar'

s orders.

Shri H. D. Marath, Advocate for applicants.

Shri R. J. Shinde, Advocate for respondent No. 1. Ms. S. Haider, AGP for respondent Nos. 2 and 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 25.01. 2021.

By this application, the applicants seek condonation of delay of 250 days in challenging the judgment and award dated 08.09.2017 passed in LAC No. 347/2013.

2.

In view of the reasons stated in the application, delay is condoned.

3.

Application stands disposed of.

CIVIL APPLICATION (CAF) NO. 3122/2019 4.

Learned counsel for the appellants states that the entire amount has been deposited. The said statement is not disputed by the contesting respondents. In the light of the said statement, execution and implementation of the impugned judgment and award is stayed till the final disposal of the appeal.

5.

Application stands disposed of.

CIVIL APPLICATION (CAF) NO. 123/2021 6.

The respondent No. 1 has sought withdrawal of the compensation amount deposited by the appellants as per the judgment and award dated 08.09.2017.

7.

In view of the reasons stated in the application, respondent No. 1 is permitted to withdraw 75% amount of compensation on furnishing usual undertaking before the Registrar (J).

8.

Application stands disposed of.

FIRST APPEAL (ST) NO. 26162/2018 9.

Heard.

10.

Admit.

11.

Counsel for respondents waives service of notice.

12.

Call for record and proceedings.

13.

Paper book be filed within a period of six months.

(SMT. ANUJA PRABHUDESSAI, J.) Gohane.