Executive Engineer, Nandur ... vs Shivaji Laxman Shirsat And Ors
2021 Latest Caselaw 11251 Bom

                                                       32. IAST 92408-20 in FAST 92406-20.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION
         Digitally signed
         by NIKITA
NIKITA   YOGESH
YOGESH   GADGIL
         Date:
GADGIL   2021.08.20
         18:38:39 +0530

                            INTERIM APPLICATION (ST.) NO. 92408 OF 2020
                                                IN
                                FIRST APPEAL (ST) NO. 92406 OF 2020


    Executive Engineer, Nandur
    Madhyameshwar Project                                  ... Applicant/Appellant
                  Vs.
    Shivaji Laxman Shirsat & Ors.                          ... Respondents
                                               -----

Ms. Chaitrali Deshmukh, Advocate for Applicant/Appellant. Mr. Yogesh Dabke, AGP for State-Respondent No.4.

-----

CORAM: ABHAY AHUJA J.

DATE : 18TH AUGUST, 2021 P.C.:

1. Heard learned counsel for the Applicant and learned AGP for

Respondent No.4.

2. Learned Counsel submits that by this application, Applicant is

seeking condonation of delay of 3 years 86 days in filing Appeal against

the judgment and award dated 7th August 2017 passed by the Civil

Judge, Senior Division, Nashik in LR No. 52 of 2010, with respect to

Nikita Gadgil 1 of 2

32. IAST 92408-20 in FAST 92406-20.odt

the Mukne Dam project in respect of which several other Appeals have

also been filed in this Court.

3. From a perusal of the prayer clause, it is observed that there is a

blank with respect to the number of days of delay. Counsel for

Applicant seeks leave to amend. Leave granted. Amendment to be

carried out forthwith.

4. Issue notice to Respondents, returnable on 17th September 2021.

5. Learned AGP waives service of notice on behalf of Respondent

No.4.

6. Applicant is permitted to serve by any legitimate mode of private

service and file affidavit of service with tangible proof thereof by the

next date.

7. List the matter on 17th September 2021.

                                                      (ABHAY AHUJA, J.)




Nikita Gadgil                                                          2 of 2