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Bombay High CourtCA/2422/2023delay condonatedrejected

Sanjay Neminath Ambedkar Jain v. The State Of Maharashtra Through Splao J.P.1, Aurangabad And ANR

2023-02-27Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 33 CA-2422.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 CIVIL APPLICATION NO.2422 OF 2023 IN FAST/2399/2023 SANJAY NEMINATH AMBEDKAR JAIN

VERSUS

THE STATE OF MAHARASHTRA THROUGH SPLAO J.P.1, AURANGABAD AND ANOTHER ...

Mr. D.A. Bide, Advocate holding for Mr. Tejas Sonawane, Advocate for the applicant.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

27.02.2023.

ORDER:- 1.

Heard.

2.

Issue notice to respondents. Learned A.G.P. waives service for all the respondents.

3.

Heard rival submissions. The applicant is seeking condonation of delay of 1427 days in filing the appeal, which appears to be caused due to their poor financial condition. The learned A.G.P. strongly opposed the application on the ground that delay is not properly explained.

4.

However, considering the statutory right of the applicant, the delay of 1427 days stands condoned subject to condition that the applicant shall not claim any interest for the said delay period.

(2) 33 CA-2422.2023.odt 5.

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

6.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde