The State Of Maharashtra And ANR. v. Shri Premchand Shobhagmal Modi

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.68 OF 2013 IN CIVIL REVISION APPLICATION [ST.] NO.34370 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Sanjay S. Hulke, AGP for applicants.

None for the respondent.

CORAM : R. G. KETKAR, J.

DATE : 27/10/2016 P.C.:

1.

Heard Mr.Hulke, learned AGP for the the applicants-State.

2.

This is an application for condonation of delay of 111 days caused in filing C.R.A.. The respondent is duly served. He has also filed reply on 11.4.2014 opposing application. The respondent has contended that there is gross negligence on the part of the applicants. The applicants have not made out sufficient cause for condoning the delay. However, none appears for the respondent despite his name being called out. Having regard to the fact that the delay is of 111 days and in view of the decision of Apex Court in the case of State Of Nagaland vs Lipok Ao & Ors., (2005) 3 SCC

2/2 26.CAC.68-13.doc 752, in my opinion the applicants have made out sufficient cause for condoning the delay. For the reasons stated in the application, civil application is allowed in terms of prayer clause (b) with no order as to costs.

3.

Office shall register C.R.A. if it is otherwise ready. Learned A.G.P. shall serve copy of this order on the respondent.

(R. G. KETKAR, J.) Deshmane(PS)