V.I.D.C. Thr. Chief Exe. Engineer, Bembla Project, Yavatmal (Now Bembla Irrigation Division) v. Pandurang Dadaji Dakhore (Dead) Thr. Lrs. Smt. Chandrakala Pandurang Dakhore And Others

2024:BHC-NAG:7689 1 12-CAF-1632-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1632 OF 2023 IN FIRST APPEAL ST. NO. 13912 OF 2022 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

PANDURANG DADAJI DAKHORE (DEAD) THROUGH LRS AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. Ashwini Athalye, Advocate for appellant.

Shri S. V. Ingole, Advocate for respondent Nos.1 to 6. Shri P. P. Pendke, AGP for respondent Nos.7 and 8. CORAM: SANJAY A. DESHMUKH, J.

DATE : 18/07/2024.

1.

This is an application for condonation of delay of 82 days caused for filing the appeal. 2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

For the reasons stated in the application, the application deserves to be allowed, in the interest of justice.

5.

The application is allowed and disposed of.

CIVIL APPLICATION (CAF) NO. 1789 OF 2024 6.

This is an application for withdrawl of amount of Rs.1,31,474/- deposited in the Reference Court under award.

7.

Perused the application.

8.

Heard learned Advocates for both sides.

2 12-CAF-1632-23.odt 9.

Considering the peculiar set of facts, application is allowed.

10.

The Reference Court is directed to pay amount of Rs.1,31,474/- to the respondent No.3 - Nitin Pandurang Dakhore after due verification.

11.

Application is disposed of.

FIRST APPEAL ST. NO. 13912 OF 2022 12.

Heard.

13.

Admit.

14.

Shri S. V. Ingole, learned Advocate waives service of notice for respondent Nos.1 to 6.

15.

Shri P. P. Pendke, learned AGP waives service of notice for respondent Nos.7 and 8.

16.

Call for Record and Proceedings.

17.

Stand over after six weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 19/07/2024 18:31:27