Executive Engineer, Amravati Project Construction Division, Amravati v. Satish S/O Raghupatrao Thakare And Others

2024:BHC-NAG:10506 1 20-CAO-1133-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1133 OF 2024 IN MISC. CIVIL APPLICATION ST. NO. 16146 OF 2024 IN CIVIL APPLICATION (CAF) NO. 1945 OF 2017 (D) IN FIRST APPEAL ST. NO. 24540 OF 2016 (D) VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

SATISH S/O RAGHUPATRAO THAKARE 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 applicant/appellant. Shri Rohan Bhishikar, Advocate h/f Shri N. R. Bhishikar, Advocate for Ms. Deepa Charlewar, AGP for respondent Nos.3 and 4. CORAM: SANJAY A. DESHMUKH, J.

DATE : 18/09/2024.

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delay of 868 days caused for filing the restoration application.

2 20-CAO-1133-24.odt 7.

Delay is not deliberately caused. Therefore, application deserves to be allowed, in the interest of application.

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The application is allowed and disposed of.

MCA ST. NO. 16146 OF 2024 9.

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

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Application is allowed and disposed of.

CIVIL APPLICATION (CAF) NO. 1945 OF 2017 16.

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delay of 94 days caused for preferring the appeal.

3 20-CAO-1133-24.odt 22.

Some documents were not received and due to legal advice through official communication, delay of 94 days was caused. It appears that delay is not deliberately caused.

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

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Application is allowed and disposed of.

FIRST APPEAL ST. NO. 24540 OF 2016 25.

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Call for record and proceedings.

CIVIL APPLICATION (ST) NO.16147 OF 2024 29.

delay, setting aside abatement and bringing the legal heirs of respondent No.2 on record.

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4 20-CAO-1133-24.odt 35.

For the reasons stated in the application, the application deserves to be allowed, in the interest of justice with condition that applicant is not entitled for the statutory benefits like interest, etc. for the delayed period of 2548 days in view of Judgment of Hon'ble Supreme Court in the case of New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC Online SC 1599).

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The application is allowed and disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 20/09/2024 16:36:05