Mr. Alok Sanktaprasad Singh v. M/S. Golden Dairy Farm And ORS.

skc p11-wp-2237-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2237 OF 2015 Alok S. Singh ..

Petitioner vs.

M/s. Golden Dairy Farm & Ors.

..

Respondents Mr. P. S. Dani - Senior Advocate i/b. Mr. R. A. Tekale for Petitioner. Ms Sharmila Deshmukh for Respondent Nos. 1 and 2. Mr. Dinesh Kumar Seth for Respondent No. 3.

Ms Aparna Vhatkar - AGP for Respondent Nos. 6 to 8. CORAM : M. S. SONAK, J.

DATE: 03 MARCH 2015 P.C. :- 1] Not on Board. Upon production, taken on board. 2] Rule. With the consent of and at the request of the learned counsels for the parties, Rule is made returnable forthwith. 3] This petition is directed against the order dated 8 July 2014, by which the Sub Divisional Officer (SDO) has condoned the delay in filing of appeal by the respondents.

4] The impugned order is merely a noting in the Roznama which says that the delay condonation application was read and in the interest of justice, the delay is condoned.

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skc p11-wp-2237-15 5] The aforesaid is hardly a satisfactory manner to deal with an application seeking condonation of delay. It is necessary that the contentions of the parties are considered and thereafter a reasoned order is made whilst disposing of application seeking condonation of delay. For this reason alone, the impugned order is set aside. 6] The petitioner states that the petitioner shall file a reply on application seeking condonation of delay within two weeks from today. Thereafter, the SDO to consider and decide the application for condoantion of delay after giving a hearing to the parties. Needless to record that the SDO shall deal with the application for condoantion of delay on its own merits but dispose of the same by making a speaking order.

7] All parties to act on the basis of an authenticated copy of this order.

8] Rule is made absolute to the aforesaid extent. There shall be no order as to costs.

(M. S. SONAK, J.) Chandka 2/2