V. I. D. C. Through Executive Engineer, Minor Irrigation Division, Washim v. Govinda Jairam Meshram And Another

1 / 2 CAF1687.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATIN (F) NO.1687 OF 2019 IN F.A.ST.NO.26253 OF 2018 V.I.D.C. thr. Executive Engineer, Minor Irrigation Division Washim vs.

Govinda Jairam Meshram and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. U. A. Patil, Advocate for applicant/appellant. Shri. A. B. Darekar, Advocate for respondent No.1. Smt. A.R. Kulkarni, AGP for respondent No.2.

CORAM : Manish Pitale J DATED : 27.08.2019 Heard learned counsel for the applicant/appellant.

2.

This is an application for seeking grant of leave to file appeal. It is pointed out by the learned counsel for the applicant that, the applicant was the acquiring body, but it was not made party in the proceedings before the reference Court. Since, the liability of payment of compensation would be borne by the applicant, it would be in the interest of justice, that the present application is allowed.

CIVIL APPLICATIN (F) NO.1687 OF 2019 IN F.A.ST.NO.26255 OF 2018 This is an application for seeking condonation of delay in filing the accompanying appeal.

2 / 2 CAF1687.2019 2.

It is pointed out that the delay in filing appeal has occurred, because the applicant was not made party to the proceedings in the Reference Court. Since, the non-applicant No.1 (original claimant) has appeared through counsel, he has also heard on the question of condonation delay.

3.

For the reasons stated in the application, the same is allowed and delay is condoned.

First Appeal No. ____ /2019 Heard learned counsel for the appellant.

2.

Issue notice returnable in twelve weeks. Shri.Amol Darekar, learned Advocate waives notice on behalf of respondent No.1. Smt.A.R.Kulkarni, learned AGP waives notice on behalf of respondent No.2 3.

It is pointed out that the principal amount has been already deposited by the appellant before the Reference Court. Therefore, the appellant is directed to deposit interest component before this Court within a period of twelve weeks.

JUDGE KOLHE