V.I.D.C Nagpur Thr. Exe. ... vs Dadarao Suryabhan Sayare And ...
2021 Latest Caselaw 8003 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR

                     Civil Application [CAF] No.155 of 2020
                                        in
                       First Appeal St. No.10633 of 2019
                   Vidarbha Irrigation Development Corporation & another
                                             vs.
                            Dadarao Suryabhan Sayare & others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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                           Shri J.B. Kasat, Advocate for the Applicants-Appellants.
                           Ms. H.N. Jaipurkar, A.G.P. for Respondent Nos.2 & 3.


                                            CORAM      :   S.M. MODAK, J.

                                            DATE       :   17th JUNE, 2021.

                                            Hearing    was      conducted        through        Video

Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Heard learned Advocate Shri Kasat for the applicants and learned A.G.P. Ms. Jaipurkar for respondent Nos.2 & 3.

The Executive Engineer was party before the Reference Court and the claimant has not made V.I.D.C. as a party. They are the necessary parties. They intend to prefer an appeal along with the Executive Engineer. There is no need to issue notice to the claimant.

Hence, leave to prefer an appeal is granted. Appeal be registered. The application is allowed and disposed of.

Civil Application St. No.10635/2019 :

Heard.

caf.155.20 2/2

There is a delay of 843 days in preferring an appeal.

Issue notice to the respondents, returnable after ten weeks.

Ms. H.N. Jaipurkar, learned A.G.P. waives notice for respondent Nos.2 & 3.

Civil Application St. No.10634/2019 :

Heard.

Stay is granted to the execution and implementation of the impugned judgment and award dated 21/09/2016 subject to deposit of the entire decretal amount within a period of three months.

The claimant will be at liberty to move an application for withdrawal of the amount and the same will be considered on merits.

The application is disposed of accordingly.

JUDGE *sandesh