1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.12907/2008 IN FA ST.NO.23315/2008. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : K.U.CHANDIWAL, J. DATE : 18 th March, 2010. ... 1) Heard Mr.Kulkarni for the original defendant no.3 and Mr. RV Ghuge for Respondent No.1 – Smt. Nirmala. 2) The suit was decreed b order dated 1st September, 2007, no concrete steps were taken by the appellant and it was only on the dawn of 1st September, 2008, copy application was moved and collected on 7th October, 2008. The jerk was felt by the appellant in an appeal of MSEB being First Appeal No.183/2008 before this Court. It was disposed of having not complied with the conditional order and consequently, the slumber made the appellant herein to roll and hence this application. 2 3) In the above scenario, considering the statement made by Mr.Kulkarni during the course of his submission to remit left over amount of the Award in this Court, the application deserves to be considered, in spite of initial objection from Mr.Ghuge. 4) During the course of submission, Mr.Kulkarni informs that MSEB has deposited an amount of Rs.2,50,000/-. 5) The sufficiency of grounds is demonstrated, as the appellant-LIC thought all care could be taken in the appeal preferred by MSEB, but as, MSEB suffered a brunt in its First Appeal No. 183/2008, LIC is justified in filing appeal. The contention of the appellant of its non-liability to answer the Award under challenge also warrants consideration. Delay is not deliberate, sufficiently explained, hence condoned, subject to appellant/Corporation depositing an amount of Rs.3,22,000/- (Rupees three lakhs and twenty-two 3 thousand) in this Court within four w eeks, failure to comply, the application granted today shall automatically stand rejected. 6) The claimant/Respondent No.1 – Smt. Nirmala Vishwasrao Patil to receive the amount after its deposition in this Court on furnishing a solvent surety. 7) CA disposed of in aforesaid terms. (K.U.CHANDIWAL) JUDGE bdv/ca12907.08