-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.NO. 7540/2007 IN F.A.ST.NO. 6094/2007 Executive Engineer - versus- Panchfulla Pachange ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : FEBRUARY 2, 2009. Civil Application No. 102/2009. Prayer is to permit name of applicant / appellant Executive Engineer to be substituted by VIDC through its Executive Engineer, as mentioned. Advocate Shri Paliwal, is strongly opposing the prayer. He states that earlier this Court has held that proceedings filed by Executive Engineer are not maintainable. However, in the interest of justice, permission is granted. Necessary amendment be carried out by 09.02.2009. Civil Application stands disposed of accordingly. ------- In view of the orders earlier passed by this Court in First Appeal No. 890/2008 on 28.01.2009, -2- the applications are taken up for consideration. Advocate Shri Paliwal, points out that there is no explanation whatsoever for condoning huge delay of 614 days. However, considering the fact that acquiring body was not party before the Reference Court, as the adjudication by that Court stands vitiated, delay is condoned, subject to payment of cost of Rs.3000/- by the appellant/applicant to non-applicant no.1 by 31.03.2009. If the costs are so paid, office to register the First Appeal and place it for further consideration. Civil Application Nos. 7540 and 7541 of 2007 are disposed of accordingly. JUDGE Rgd.