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Bombay High CourtCA/2612/2019disposed offdismissed for default

The State Of Maharashtrathr Thr The S.P. Beed v. Vishnu Limbaji Kokare And ANR

2019-07-05Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1049(a)-ca-2612-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1049 CIVIL APPLICATION NO.2612 OF 2019 IN FAST/1283/2019 THE STATE OF MAHARASHTRATH THR THE S.P. BEED AND ANR

VERSUS

VISHNU LIMBAJI KOKARE ...

AGP for Applicants : Mr. R.B. Bagul Advocate for Respondent No.1 : Mr. Avinash D Aghav Advocate for Respondent No.2 : Mr. A.P. Basarkar & Moin Pasha Shaikh Farid ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 5th JULY 2019 ORDER :

1.

Present application has been filed for getting the delay of 206 days in filing First Appeal condoned.

2.

Present respondent No.1 is objecting to the application on the ground that the delay of each and every day has not been explained properly.

3.

It appears that the vehicle owned by police department was involved in the accident and the petition for claiming compensation filed by present respondent No.1, proceeded without written statement of the State as well as the learned AGP was absent when the turn to take cross. It is stated that the delay has been caused due to the sanction which

1049(a)-ca-2612-19.doc have to be obtained from the Law and Judiciary Department so also the communication required to be made with various departments. Under such circumstance, taking liberal view, the delay is condoned. 4.

Civil Application stands allowed and disposed of accordingly.

5.

Registry to verify and register the First Appeal and place it for further consideration on 20-08-2019.

( Smt. Vibha Kankanwadi, J. ) Shubham/