The Chief Executive Officer, Zilla Parishad Osmanabad v. Govind Shrimant Kolge

CA No. 14409/2015

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 49 CIVIL APPLICATION NO. 14409 OF 2015 IN SAST/2809/2014 THE CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD OSMANABAD

VERSUS

GOVIND SHRIMANT KOLGE ...

Advocate for Applicant : More Popat P.

Advocate for Respondent : Jadhav Narsing B ...

CORAM : T.V. NALAWADE, J.

DATED : 14th March, 2016.

ORDER :

1.

The application is filed for condonation of delay of 611 days caused in filing the appeal against the order made by District Court in M.A. No. 260/2011, which was pending before Ad-hoc District Judge-1, Osmanabad. The application was filed by present applicant, Local Body. But the application is rejected by the District Court as sufficient cause is not shown. Now in the present matter, again delay is caused. Contentions are made about the formalities which are required to be complied with by the Local body like time required for processing the matter and obtaining sanctions at various level etc. Other side has strongly opposed the application.

2.

In view of the submissions made and contents of the application, this Court holds that sufficient cause is shown. It can

CA No. 14409/2015 be said that other side was required to spend on this proceeding and so, some cost is required to be given to the respondent. 3.

In the result, the application is allowed. Delay is condoned, subject to payment of cost of Rs. 3,000/- (Rupees three thousand) by present applicant to respondent. The cost amount is to be deposited within one month from today in this Court. If the amount is not deposited, it is to be treated that present application is dismissed.

[ T.V. NALAWADE, J. ] ssc/