Executive Engineer National Highway Division v. Smt. Madhumalathi Shantaram Darekar And ANR.

13.3050.19-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.3050/2019 in First Appeal (ST) No. 12820/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Nitesh Bhutekar a/w. Ms. Lakshmi Bussa I/b. M. V. Kini & Co. for the Applicant CORAM: K.K.TATED, J.

DATED : SEPTEMBER 4, 2019 P.C.

Heard. This Application is for condonation of 1 year and 322 days delay in preferring the appeal challenging the judgment and award dated 07.03.2017 passed by the Reference Court in LAR No.2/2008.

The learned counsel for the Applicant submits that they learnt about the impugned judgment and award for the first time when they received letter from the SLAO regarding payment of compensation to the claimant. He submits that thereafter they called upon the concerned officer to provide the copies of the impugned judgment and Basavraj G. Patil 1/2

13.3050.19-caf.odt award. Hence, there is delay in filing the First Appeal.

In support of his contention, he relies on para 3 of the Civil Application.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in para 3 of the Applicant, I am satisfied that the Applicant has made out a case for allowing the Civil Applications.

Hence, following order is passed:

a.

Delay in filing the First Appeals is condoned.

b.

The Civil Applications stands disposed of accordingly.

c.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2