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Bombay High CourtIA/13781/2023disposed off

Union Of India Through The Chief Engineer (Construction) v. Surekha @ Kamalabai Vishnu Mali

2023-08-01Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

12-13781-2023-IA-delay=.doc Digitally signed by UDAY SHIVAJI JAGTAP Date:

2023.08.04 18:23:10 +0530 Uday S. Jagtap UDAY SHIVAJI JAGTAP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13781 OF 2023 IN FIRST APPEAL (ST.) NO. 18295 OF 2023 WITH FIRST APPEAL (ST.) NO. 18295 OF 2023 Union of India .. Applicant Vs.

Surekha @ Kamalabai Vishnu Mali & Ors. .. Respondents .....

Ms. Leena Patil for the applicant Mr. Sachin S. Punde for respondent nos.1 to 14 Ms. Tanaya Goswami, AGP for respondent - State .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 1st AUGUST, 2023 P.C.

1.

Issue notice to the respondents returnable on 29th August, 2023.

2.

Mr. Punde, waives service on behalf of respondent nos.1 to 14 and learned APP waives service for respondent - State.

12-13781-2023-IA-delay=.doc 3.

This is an application seeking condonation of 394 days delay in preferring the appeal.

4.

Learned Counsel for the applicant submits that the delay has not been deliberate but due to bona fide reasons for time required in scrutinizing the papers at various levels. 5.

Learned Counsel for the respondents though objects the condonation of delay, yet for the reasons stated in the application, the delay needs to be condoned.

6.

The application is allowed in terms of prayer clause (b) with no orders as to cost.

7.

The application is disposed.

8.

Registry to number the appeal. Objections to be removed within two weeks.

(PRITHVIRAJ K. CHAVAN, J.)