1 THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal St.No. 594/2008 VIDC thr.Executive Engineer, Arunavat Project Division, Digras ..vs.. Jan Mohammad Sayani and anr. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. A. B. Patil, Advocate for the appellant. Mr. T. A. Kankale, A.G.P. for respondent no.2. CORAM: S. A. BOBDE & F. M. REIS,JJ. DATED : 16 th June, 2009 Civil Application No. 887/2008 Heard. In view of uncontroverted averments, and particularly in view of the fact that the applicant is an acquiring body but was not aware of the passing of the judgment and award since it was not joined as party to the proceeding, the application for condonation of delay of 1180 days is allowed. The application stands disposed of accordingly. Civil Application No. 888/2008 Heard. In view of uncontroverted averments, leave to appeal is granted. Application stands disposed of accordingly. 2 First Appeal St. No. 594/2008 Heard. Having heard the matter for some time, in view of the undisputed fact that though the appellant is acquiring body but was not joined as party, the judgment and award under challenge in the present appeal is set aside. The matter is remanded back to the reference Court for fresh decision after joining the appellant as party to the reference. Upon the appellant’s deposing the amount of award before the reference Court, the reference Court shall proceed to decide the matter, as expeditiously as possible and in accordance with law. JUDGE JUDGE kahale