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Bombay High CourtCA/5138/2020delay condonatedrejected

Madhav Almaji Wanole v. The State Of Maharashtra And ORS

2023-06-13Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} 969-ca5138.20.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5138 OF 2020 IN FIRST APPEAL ST. NO. 2283 OF 2020 Madhav Almaji Wanole Applicant

Versus

The State of Maharashtra & others Respondents Ms. L. R. Thakur, advocate holding for Mr. L. C. Patil, advocate for the Applicant Mr. S. S. Dande, AGP for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th June, 2023.

PC :

Heard rival submissions.

The applicant is seeking condonation of delay 224 days which appears to be caused due to his fnancial crisis. The learned AGP strongly opposed the application on the ground that the delay is not properly explained. The acquiring body, despite service, remained absent. However, considering the statutory right of the applicant, delay of 224 days stands condoned subject to the

{2} 969-ca5138.20.odt condition that the applicants shall not claim any interest for the aforesaid period of delay.

The appeal be placed for admission after removal of offce objections, if any.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb