V.I.D.C. Thr. Its Exe. Engineer v. Abdul Jahir Abdul Aziz And 2 ORS

2024:BHC-NAG:12656 2.caf.3056.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3345 OF 2024 IN FIRST APPEAL NO.227 OF 2012 (D) V.I.D.C., Buldhana .Vs. Abdul Jahir Abdul Aziz 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 J.B. Kasat, Advocate for appellant.

Shri M.A. Kadu, A.G.P. for respondent/State.

Shri R.B. Dhore, Advocate for respondent Nos.1 and 2. CORAM : SANJAY A. DESHMUKH, J.

DATED : 19/11/2024 1.

This is an application for extension of time to deposit the remaining amount as per the judgment of this Court in First Appeal No.227 of 2012 dated 19.10.2024. 2.

An amount of 50% has already been deposited and withdrawn. The learned advocate for the appellant seeks five months' time for depositing the remaining amount. He submits that department has to submit the proposal for grant of amount under the award of this Court to the State Government through Head Office. The proposal has been forwarded to the Head Office by the V.I.D.C., Dist. Buldhana. He therefore seeks five months time.

3.

The learned advocate for the respondents strongly opposed the application.

2.caf.3056.24.odt 4.

Considering peculiar set of facts, if the five months time is granted to the appellant, it was injustice to the claimant. Considering this aspect, it would be proper to extend the time for two months.

5.

Hence, further time of two months is granted to the appellant to deposit the remaining 50% amount. 6.

Civil application is partly allowed and disposed.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 21/11/2024 17:48:34