V.I.D.C. Thr. Exe. Engineer, ... vs Shailesh S/O Kusumkar Talvekar ...
2021 Latest Caselaw 8294 Bom

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

                     Civil Application [CAF] No.683 of 2021
                                        in
                        First Appeal St.No.2758 of 2020
                          Vidarbha Irrigation Development Corporation
                                               vs.
                              Shailesh Kusumkar Talvekar & 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 A.M. Kukday, Advocate for the Applicant-Appellant.
                           Ms. H.N. Jaipurkar, A.G.P. for Respondent Nos.5 & 6.


                                            CORAM     :   S.M. MODAK, J.

                                            DATE      :   22nd JUNE, 2021.

                                            Hearing   was    conducted        through        Video

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

Heard.

Today the matter has come up for the first time. There is delay of 50 days caused in preferring the appeal. The appellant took time in obtaining an opinion for preferring an appeal and making arrangement for the finances for the court fee. The delay is satisfactorily explained.

Ms. Jaipurkar, learned A.G.P. waives notice for respondent Nos.5 & 6.

Even if, notice will be issued to respondent Nos.1 to 4 - claimants, this Court is going to condone the delay even after appearance. So in order to save the time, the delay can be condoned today itself subject to costs of Rs.500/- to be paid to respondents-claimants. Hence, the order :

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The delay of 50 days in preferring an appeal is condoned subject to payment of costs of Rs.500/- (Rupees Five Hundred Only) to be paid to the respondents-claimants within a period of one month from today. The costs be deposited in the Office of this Court.

First Appeal St. No.24501/2019:

Heard.

Admit.

Learned A.G.P. Ms. Jaipurkar waives notice for respondent Nos.5 & 6.

Issue notice to respondent Nos.1 to 4, returnable after eight weeks

Call for record and proceedings.

Civil Application [CAF] No.684/2021:

Heard.

Stay is granted to the execution and implementation of the impugned judgment and award subject to deposit of the entire decretal amount within a period of eight weeks.

The application is disposed of.

JUDGE *sandesh