V.I.D.C., Thr. Executive Engineer, Irrigation Division , Amravati v. Subhash Ramaji Baraskar and Others
Case brief
What is this about?
Interlocutory orders of the Bombay High Court, Nagpur Bench (Khubalkar, J.) in CAF Nos. 2406 and 2408 of 2025 arising in First Appeal (Stamp) No. 9327 of 2025 (VIDC, Executive Engineer, Irrigation Division, Amravati v. Subhash Ramaji Baraskar): 42-day delay in filing statutory appeal against Reference Court, Nagpur Judgment and Award dated 20.08.2024 condoned as unintentional; ad-interim stay of the award under Order 41, Rule 5 CPC conditional on deposit of entire compensation amount with interest within eight weeks; earlier order dated 16.07.2025 requiring deposit of decreetal amount recorded as not complied with; notice returnable after four weeks; U.A. Gosavi for appellant, P.T. Joshi AGP for State respondents, no appearance for respondent No. 1.
What did the court decide?
Civil Application No. 2406 of 2025 allowed and the delay of 42 days in filing the statutory appeal condoned; in Civil Application No. 2408 of 2025, ad-interim stay granted to the Judgment and Award dated 20.08.2024 of the Reference Court, Nagpur, till the next date, subject to the appellant depositing the entire amount of compensation along with interest in Court within eight weeks; notice in the stay application made returnable after four weeks.