V.I.D.C., Through Executive Engineer, Purna Medium Project Division, Amravati v. Gopal Ramkrushna Bhagwantrao Ingle And Others

2024:BHC-NAG:11689 14.caf.3016.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3016 OF 2024 IN FIRST APPEAL ST. NO.22244 OF 2023 VIDC, Amravati and another .Vs. Gopal Ramkrushna Bhagwantrao Ingle and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri U.A. Gosavi, Advocate for appellants.

Ms Mukta Kavimandan, A.G.P. for respondents/State. Shri P.L. Rathi, Advocate for respondent No.1. CORAM : SANJAY A. DESHMUKH, J.

DATED : 17/10/2024 1.

Issue notice to the respondents.

2.

Shri Rathi, learned advocate waives service of notice for the respondent No.1.

3.

Ms Kavimandan, learned A.G.P. waives service of notice for the respondents/State.

4.

This is an application for condonation of delay of 35 days caused for filing appeal.

5.

Heard learned advocates for both sides.

6.

Perused the application.

7.

The learned advocate for the appellants pointed out that for getting approval from the Superintending Engineer, sometime was required. He submitted that delay is not deliberately caused. He lastly prayed to allow the application.

8.

The learned A.G.P. and the learned advocate for the respondent strongly objected the application.

14.caf.3016.24.odt 9.

It appears that, delay is not deliberately caused. The application therefore deserves to be allowed in the interest of justice. The application is allowed. Delay of 35 days caused for filing appeal is condoned.

10.

Application is disposed.

CIVIL APPLICATION (CAF) NO.3017 OF 2024 1.

Issue notice to the respondents.

2.

Shri Rathi, learned advocate waives service of notice for the respondent No.1.

3.

Ms Kavimandan, learned A.G.P. waives service of notice for the respondents/State.

4.

Shri Gosavi, learned advocate for the appellants submits that within eight weeks appellants will deposit amount under the award.

5.

Considering his submission, there shall be ad-interim stay in terms of prayer clause (i). FIRST APPEAL ST. NO.22244 OF 2023 1.

Issue notice to the respondents.

2.

Ms Kavimandan, learned A.G.P. waives service of notice for the respondents/State.

3.

Shri Gosavi, learned advocate waives service of notice for the respondent No.3.

4.

Admit.

5.

Cross objection be registered accordingly.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 18/10/2024 10:06:40