Bombay High CourtCAF/3123/2019ca disposed off

V.I.D.C. Thr. Exe. Engineer, Minor Irrigation Division, Washim And Another v. Shersing Rohidas Rathod And Others

2019-11-21Hon'Ble Shri Justice Vinay Joshi2 pages

1 CAF3123.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3123 OF 2019 IN FIRST APPEAL ST. NO. 26898 OF 2018 Vidarbha Irrigation Development Corporation, thr. Executive Engineer and anr. ..VS..

Shersing Rohidas Rathod and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.D. Marathe, Adv. for appellants.

Shri P.S. Girdekar, Adv. for respondent no. 1. Mrs. M.A. Barabde, A.G.P. for respondent nos. 2 and 3. CORAM : VINAY JOSHI, J.

DATED : 21 st NOVEMBER, 2019 Heard both sides.

This is an application for condonation of delay of 128 days caused in filing First Appeal.

Considering the ground as canvassed in the application the delay stands condoned.

Appeal be registered. The Civil Application stands allowed and disposed accordingly.

FIRST APPEAL ST. NO. 26898 OF 2018 Heard.

ADMIT.

Learned Counsel Shri P.S. Girdekar waives notice for respondent no.1.

Mrs. M.A. Barabde, Assistant Govt. Pleader waives notice for respondent nos. 2 and 3.

2 CAF3123.19 CIVIL APPLICATION (CAF) NO. 3124 OF 2019 Heard.

This is an application for stay to the execution of impugned judgment and award. Learned Counsel for appellant made a statement that the appellant would deposit entire awarded amount within twelve weeks from today.

In view of such statement, execution and implementation of impugned award is stayed for twelve weeks.

Issue notice, returnable on 19.12.2019.

Mrs. M.A. Barabde, Assistant Govt. Pleader waives notice for respondent nos. 2 and 3.

JUDGE Trupti