Allowed

Godavari Marathwada Irrigation Development Corporation Ltd. v. Rameshwar Balaji Muchhe

Bombay HC17 Jan 2018CA/6171/2013

Case brief

AI extract

What is this about?

This order disposed of multiple civil applications wherein the applicant sought condonation of a 590-day delay in instituting first appeals against awards enhancing compensation. The court noted the delay was not inordinate and referenced prior approvals for identical reasons, thereby allowing the condonation of delay across all applications.

What did the court decide?

The delay of 590 days in instituting first appeals against awards enhancing compensation is condoned in all the civil applications.

Godavari Marathwada Irrigation Development… — Civil Procedure and Limitation | Bombay HC (2018)

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CA 6171/13 in FAST 7030/13 & others

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- 1 -

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO.6171 of 2013 IN FAST NO.7030 OF 2013

¶5

Godavari Marathwada Irrigation
Development Corporation Limited.
Through Executive Engineer,
Latur Medium Project, at Latur.

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...Applicant..

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Versus

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Rameshwar Balaji Muchhe
and another.

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...Respondents.

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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CIVIL APPLICATION NO.6174 of 2013 IN

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FAST NO.7026 OF 2013

¶13

Godavari Marathwada Irrigation
Development Corporation Limited.
Through Executive Engineer,
Latur Medium Project, at Latur....Applicant..

¶14

Versus

¶15

Arjun Nagorao Motade
and another.

¶16

...Respondents.

¶17

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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CIVIL APPLICATION NO.6177 of 2013

¶19

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FAST NO.7022 OF 2013

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Godavari Marathwada Irrigation
Development Corporation Limited.
Through Executive Engineer,
Latur Medium Project, at Latur....Applicant..

¶22

CA 6171/13 in FAST 7030/13 & others

¶23

- 2 -

¶24

Versus

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Nagnath Kishan Gurav and another.

¶26

...Respondents.

¶27

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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CIVIL APPLICATION NO.6180 of 2013 IN

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 FAST NO.7008 OF 2013

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Godavari Marathwada Irrigation
Development Corporation Limited.
Through Executive Engineer,
Latur Medium Project, at Latur...Applicant..

¶31

Versus

¶32

Jagannath Bhaguram Bhandare
and another.

¶33

...Respondents.

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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CIVIL APPLICATION NO.6183 of 2013 IN

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 FAST NO.7012 OF 2013

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Godavari Marathwada Irrigation
Development Corporation Limited.
Through Executive Engineer,
Latur Medium Project, at Latur...Applicant..
Versus
Deelip Narsing Bhandare
and another.
...Respondents.

¶38

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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CIVIL APPLICATION NO.6186 of 2013 IN

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FAST NO.7017 OF 2013

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CA 6171/13 in FAST 7030/13 & others

¶42

- 3 -

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Godavari Marathwada Irrigation
Development Corporation Limited,
Through Executive Engineer,
Latur Medium Project, at Latur....Applicant..
Versus
Ram Harischandra Sul and another.

¶44

...Respondents.

¶45

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-

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CIVIL APPLICATION NO.6189 of 2013 IN FAST NO.7001 OF 2013

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Godavari Marathwada Irrigation
Development Corporation Limited.
Through Executive Engineer,
Latur Medium Project, at Latur...Applicant..
Versus
Shamalbai w/o Venkat Bhandare
and another.
...Respondents..

¶48

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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CIVIL APPLICATION NO.6192 of 2013 IN

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FAST NO.6997 OF 2013

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Godavari Marathwada Irrigation
Development Corporation Limited.
Through Executive Engineer,
Latur Medium Project, at Latur...Applicant..
Versus
Chabitabai Navnath Bhandare
and another.

¶52

...Respondents.

¶53

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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CA 6171/13 in FAST 7030/13 & others

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- 4 -

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CIVIL APPLICATION NO.6195 of 2013 IN

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FAST NO.7034 OF 2013

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Godavari Marathwada Irrigation
Development Corporation Limited.
Through Executive Engineer,
Latur Medium Project, at Latur

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...Applicant..

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Versus

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Prayagbai w/o Lingram Haridas
and others.

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...Respondents..

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 .....

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Shri P.P.More, Advocate for applicant.
S/Shri V.D.Gunale G.K. Sontakke, Advocates for respondent
No.1.

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Shri S.P. Deshmukh, AGP for the State.

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 .....

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CORAM: M.S. SONAK, J.

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DATE: 17.01.2018

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ORDER :

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1] Heard learned counsel appearing for the parties.

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2] In all these civil applications, the applicant seeks

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condonation of delay of 590 days in instituting appeals
against awards made by the Reference Court enhancing
compensation.

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3]Learned counsel appearing for the respondent no.1 –

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claimants have objected to the condonation of delay by

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CA 6171/13 in FAST 7030/13 & others

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- 5 -

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submitting that each of the applications have to be
considered on their own merits. The reason set out in
each of the applications is virtually identical.

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4]Although the reasons set out in the civil
applications are not entirely satisfactory, taking into
consideration the fact that the delay is not inordinate
as in other cases and further taking into consideration
the fact that in Civil Application Nos.6167/2013 to
6169/2013 in First Appeal (St.) No.6762/2013, same delay
of 590 days came to be condoned, for identical reasons,

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these civil applications are allowed and the delay in the
institution of these first appeals is condoned.

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5]For the aforesaid reasons, therefore, delay is
liable to be condoned and is hereby condoned. Civil
applications are allowed and disposed of accordingly.

¶81

ndk/ c1711813.doc

Godavari Marathwada Irrigation Development Corporation Ltd. v. Rameshwar Balaji Muchhe

Case brief

What is this about?

What did the court decide?

Godavari Marathwada Irrigation Development Corporation Ltd. v. Rameshwar Balaji Muchhe

Case brief

What is this about?

What did the court decide?

What the court decided

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