The State Of Maharashtra v. Waman Kuthaji Gharat

Ssp 1 caf1776.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1776 OF 2013 IN FIRST APPEAL ST.NO.3596 OF 2009 AND The State of Maharashtra ..

Appellant

Versus

Waman Kuthaji Gharat ..

Respondent Mr.A.R.Patil, Addl.G.P for the Applicant/Appellant. CORAM : A.S.OKA, J (HEAD OF THE PANEL) A.M.CHANDEKAR,PROTHONOTARY AND SENIOR MASTER, MEMBER AND M.S.LONE,DEPUTY REGISTRAR, MEMBER DATED :

14TH JULY 2018 P.C.

This is an application for condonation of delay in preferring First Appeal St.No.3596 of 2009. The First Appeal takes an exception to the Award made by the Reference Court in L.A.R.No.295 of 2000. The learned Addl.G.P states that a proposal was submitted to accept the impugned Award by way of settlement which is passed in L.A.R.No.295 of 2000. However, in the letter dated 30th June 2018 addressed by the Law and Judiciary Department to the learned Addl.G.P. which is placed on record, stamp number of the present appeal is erroneously mentioned as 3596 of 2001 instead of 3596 of 2009. Therefore, he seeks permission to withdraw the appeal as the Government has accepted the rate fixed under the impugned Award. The learned Addl.G.P states that after verification, it is found that there is a decision taken to withdraw the appeal preferred against the Judgment and Award made in L.A.R.No.295 of 2000. Hence, this Civil Application is disposed of as

Ssp 2 caf1776.doc withdrawn. Hence, the Appeal need not be registered as the delay is not condoned. If may be treated as disposed as withdrawn for the purposes of refund. The appellant will be entitled to refund of Court fees as per the Rules. Civil Application No.3831 of 2017 does not survive and the same is also disposed of. (A.S. OKA, J) HEAD OF THE PANEL Shubhashri Shridhar Pathak (A.M.CHANDEKAR) MEMBER Shubhashri Shridhar Pathak Date: 2018.07.24 16:49:43 +0530 (M.S.LONE) MEMBER