The State Of Maharashtra And Another v. Mahadu Bali Chaugule

1 CA 3553/14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO. 3553 OF 2014 IN FAST/5387/2014 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

MAHADU BALI CHAUGULE ...

A.G.P. for Applicants/State : Mr. S.R. Yadav Advocate for Respondents : Mr. N.R. Pawade ...

CORAM : K.K. SONAWANE, J.

DATE : 22nd September, 2017 PER COURT :

1.

Heard learned A.G.P. for the applicants/ State and learned counsel for the respondents. Perused the application.

2.

This application for condonation of delay is pending since the year 2014. There is delay of 1297 days for filing First Appeal. Learned A.G.P. submits that the delay caused in filing the Appeal against the impugned Judgment and Award is not intentional or

2 CA 3553/14 deliberate, but it caused due to compliance of official process. Therefore, he prayed for condonation of delay by adopting the liberal approach.

3.

Admittedly, there is delay of 1297 days in filing the appeal. The public fund is involved in this matter. Therefore, I do not find any impediment to condone the delay caused in filing first appeal in the interest of justice. It is settled law that liberal and pragmatic approach is essential to be adopted by avoiding pedantic approach while dealing with the application for condonation of delay. In sequel, the application stands allowed in terms of prayer clause 'B'. Delay caused in filing appeal against the impugned Judgment and Award is hereby condoned. Registry to take requisite steps for registration of appeal. On registration of appeal, re-issue notice to the respondents.

4.

Call Record and proceedings from the concerned Reference Court.

3 CA 3553/14 5.

After compliance of the proper formalities, place the appeal in due course.

( K.K. SONAWANE, J. ) SRM/22/9/17