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Bombay High CourtCA/3058/2019delay condonatedrejected

The State Of Maharashtra And ANR v. Dharma Gajaba Kakade

2021-03-02Hon'Ble Shri Justice N. J. Jamadar2 pages

( 1 ) ca3058.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO.3058 OF 2019 IN FAST/2647/2019 THE STATE OF MAHARASHTRA AND ANR

VERSUS

DHARMA GAJABA KAKADE Mr.A.A. Jagatkar, AGP for the applicant/State. CORAM : N.J.JAMADAR,J.

DATE :

02.03.2021 PC :- 01.

This is an application for condonation of delay of 1923 days in preferring appeal against judgment and award dated 20.07.2013, passed by the Reference Court in LAR No.1415 of 2002.

02.

None appears for the respondent, despite service.

03.

Though the delay is inordinate, the applicants have endeavoured to ascribe reasons for the delay, including the policy regarding decision to prefer appeal and consequent re-examination of the proposal to file the appeal. The applicants have also deposited entire amount of compensation in terms of the order dated 27.02.2019.

( 2 ) ca3058.19 04.

Having regard to the impersonal nature of the applicants and to advance cause of substantive justice and public interest, the delay in preferring the appeal deserves to be condoned.

Hence, following order :- The application stands allowed in terms of prayer clause (B).

The delay in preferring the appeal stands condoned.

The appeal be registered.

[N.J.JAMADAR,J.] snk/2021/MAR21/ca3058.19