V.I.D.C. Through Its Executive Engineer, Yavatmal Project Constructions Division, Yavatmal v. Vidya Ramesh Kakde And Others
2024:BHC-NAG:4221 1 12 cao355.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
C IVIL APPLICATION (CA O ) NO.
OF 202 IN MISC. CIVIL APPLICATION ST. NO. 4370 OF 2024 IN FIRST APPEAL NO.
243 OF 2022 (D) V.I.D.C., THRU. ITS EXEC.ENGINER, YAVATMAL PROJECT CONST.DIVN., YAVATMAL
VERSUS
VIDYA RAMESH KAKDE 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. A. S. Athalye, Advocate for the appellant/applicant Mr. A. B. Nakshane, Advocate for respondent no.1 Ms. Soniya N. Thakur, A.G.P. for respondent nos.2 and 3. CORAM :
G. A. SANAP, J.
DATE :
APRIL 08 , 20 24.
1.
Heard learned advocates for the parties.
2.
This is an application for condonation of 4 days delay caused in filing application for restoration of the appeal, which was dismissed for non-filing of the paper book. 3.
The reasons have been stated in the application. In view of the reasons stated in the application, 4 days delay caused in filing application for restoration of the appeal is condoned.
4.
The MCA stamp be registered.
5.
The application is allowed and disposed of.
Misc. Civil Application St.
No. 4370 of 2024 1.
Heard.
2.
This is an application for restoration of the First
2 12 cao355.24.odt Appeal, which was dismissed for non-filing of paper book within stipulated time.
3.
In view of the reasons stated in the application, the application is allowed. The order of dismissal of the appeal, dated 23.01.2024, is set aside. The appeal is restored to file to its original number.
4.
The Misc. Civil Application is allowed and stands disposed of.
First Appeal No. 243 of 2022.
One week's time is granted to the appellant for filing paper book.
Civil Application (CAF) No. 904 of 2024 1.
Heard learned advocates for the parties.
2.
This is an application filed by respondent no.1/ claimant for withdrawal of the amount of compensation. 3.
In view of the reasons stated in the application, respondent no.1/claimant is allowed to withdraw 75% of the total amount deposited by the appellant, with accrued interest, on furnishing usual undertaking.
4.
The application is allowed and disposed of.
( G.A.SANAP, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 15/04/2024 13:34:23