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Bombay High CourtCA/1554/2021delay condonatedrejected

T.I.D.C.Jalgaon Thr The Ex. Engineer, M.I.W. Div. Jalgaon v. Dnyaneshwar Bhavrao Patil And ORS

2021-06-21Hon'Ble Smt. Justice Vibha Kankanwadi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 CIVIL APPLICATION NO.1554 OF 2021 IN FAST/2189/2021 T.I.D.C., JALGAON THR THE EX. ENGINEER, M.I.W. DIV. JALGAON

VERSUS

DNYANESHWAR BHAVRAO PATIL AND ORS ...

Advocate for Applicant : Mr S.R.Patil (v.p. Filed) AGP for Respondents No.4 and 5-State : Mr. A. B. Chate Advocate for Respondents No.1, 2, 3i to iii : Mr. Vijay Patil ...

AND CIVIL APPLICATION NO.1556 OF 2021 IN FAST/2195/2021 T.I.D.C., JALGAON THR THE EX. ENGINEER, M.I.W. DIV. JALGAON

VERSUS

BHIKARI ONKAR PATIL AND ORS ...

Advocate for Applicant : Mr S.R.Patil (v.p. Filed) AGP for Respondents No.2 and 3-State : Mr. A. B. Chate Advocate for Respondent No.1 : Mr. Vijay Patil ...

AND CIVIL APPLICATION NO.1558 OF 2021 IN FAST/2192/2021 T.I.D.C., JALGAON THR THE EX. ENGINEER, M.I.W. DIV. JALGAON

VERSUS

SHIVAJI ONKAR PATIL AND ORS ...

Advocate for Applicant : Mr S.R.Patil (v.p. Filed) AGP for Respondents No.2 and 3-State : Mr. A. B. Chate Advocate for Respondent No.1 : Mr. Vijay Patil ...

CA 1554-2021 CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 21-06-2021 PER COURT :

1.

Present applications have been filed for getting the delay of 172 days condoned in filing first appeals.

2.

Heard learned Advocate Mr. S. R. Patil for applicant, learned Advocate Mr. Vijay Patil for respondents, and learned AGP for respondents-State.

3.

Learned Advocate for respondents Mr. Vijay Patil has strong objection to allow the applications. He submits that no proper reason much less sufficient has been shown for condoning the delay. He also submits that day to day account of the delay has not been given.

4.

Though it appears that day to day account of the delay has not been properly given and the applications are loosely drafted, the Acquiring Body should not suffer due to the act of the Advocate. There appears to be some grounds on which the first appeals are rested. Definitely it will have to be considered that some time would

CA 1554-2021 have been consumed for getting sanctions from various departments and, therefore, taking liberal approach and taking into consideration the duration of the delay, the applications stand allowed, delay stand condoned. In view of above, applications for delay condonation stand disposed of accordingly.

5.

Registry to verify and register the first appeals. (SMT. VIBHA KANKANWADI) JUDGE vjg/-.