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Bombay High CourtCA/12676/2019disposed offdismissed for default

Santosh Shivnath Sakhare v. The State Of Maharashtra And ANR

2020-02-11Hon'Ble Shri Justice K. K. Sonawane2 pages

{1} 939 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO.12676 OF 2019 IN FAST/4542/2019 SANTOSH SHIVNATH SAKHARE

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant : Mr. Sarang P Joshi AGP for Respondents: Mr. Y.G. Gujarathi.

CORAM : K.K. SONAWANE, J.

DATE : 11th FEBRUARY, 2020.

PER COURT:

Heard learned counsel for the applicants and learned AGP for respondent No.1. Despite service of notice, nobody appears for respondent No.2 Zilla Parishad.

2] Perused the application The applicant has preferred present application seeking condonation of delay of 62 days caused for fling frst appeal against the impugned judgment and award passed by the CJSD, Vaijapur Dist. Aurangabad in LAR No. 27 of 2015. The learned counsel for the applicant submits that the delay is not intentional and deliberate but caused due to unavoidable circumstances as well as fnancial crisis.

3] In view of submission and for the reasons mentioned in the application, there is no impediment to condone the delay of 62 days caused in fling the frst appeal. Accordingly, the application stands allowed in terms of prayer clause (B). Delay caused for fling

{2} 939 sr.no..odt the frst appeal is hereby condoned. Registry to take requisite steps for further process.

4] On registration of appeal, issue notice to respondents returnable on 19th March, 2020. Learned AGP Mr. Y.G. Gujarathi, waives notice for respondent No.1.

5] Meanwhile, Call for R. & P. from the concerned Reference Court. After compliance of procedural formalities and receipt of R. & P. list the matter for admission on 19th March, 2020. [K.K. SONAWANE] JUDGE.

Grt/-.