The State Of Maharashtra v. Sakharam Ganpat Bhor

7-caf-915-2003

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.915 OF 2003 IN FIRST APPEAL (ST) NO.28128 OF 1997 The State of Maharashtra ..Applicant/Appellant V/s.

Sakharam Ganpat Bhor ..Respondent ---- Mr.Y.Y. Dabke, AGP for the Applicant/Appellant-State. ---- CORAM : M. S. SONAK, J.

DATE : 06 FEBRUARY 2017.

P.C.

1.

This Civil Application seeks condonation of delay of 388 days in instituting the appeal against award dated 19-12-1995. 2.

There are no satisfactory reasons to explain the delay. All that is stated is that adequate time was required for scrutiny at various levels and therefore, it is obvious that the delay was not intentional. However, there are no particulars as to which Officer was responsible for the delay and whether any action was taken against such officer. On the basis of the such vague averments, there is no case made out to condone the delay. That apart, it is required to be noted, that the amount of enhanced compensation in N.S. Kamble page 1 of 2

7-caf-915-2003 this matter works out to Rs.9,352/-, this be the position, it is obvious, that the State is expending greater amount than this for the purpose of prosecuting this appeal. Even, though the appeal was lodged in the year 1997, no proper steps have been taken to effect service upon the respondent. Taking into consideration all these circumstances the Civil Application and consequently the Appeal is dismissed. Interim order, if any, stands vacated. (M. S. SONAK, J.) N.S. Kamble page 2 of 2