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Bombay High CourtCA/3288/2025admittedallowedgrantedrule absolute

Executive Engineer Sina Kolegaon Project Paranda v. Subrao Anantrao Sabale And ORS

2025-06-18Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:15404 1 1011 ca 3288.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3288 OF 2025 IN FIRST APPEAL STAMP NO. 5920 OF 2025 The Executive Engineer Sina Kolegaon Project Paranda .. Applicant

Versus

Subrao Ananatrao Sabale and others .. Respondents Shri Avishkar S. Shelke, Advocate for the Applicant. Shri D. B. Bhange, A.G.P. for the Respondent Nos. 5 and 6. CORAM : SHAILESH P. BRAHME, J.

DATE : 18TH JUNE, 2025.

FINAL ORDER :

.

Heard Mr. Avishkar Shelke, learned advocate for the applicant and the learned Assistant Government Pleader for the respondent Nos. 5 and 6. None appears for the respondent Nos. 1 to 4/claimants.

2.

Learned counsel for the applicant seeks condonation of delay of 390 days caused in preferring first appeal against the judgment and award passed by the Reference Court. He would rely on the grounds mentioned in para Nos. 6 and 7 of the application. He further undertakes to deposit the amount under award within a period of six (06) weeks from today. The respondent Nos. 1 to 4/claimants have not caused appearance

2 1011 ca 3288.25 and there is no contest to the application. I do not find any malafides on the part of the applicant in filing appeal belatedly. 3.

The civil application is allowed in terms of prayer clause 'B' on condition that applicant shall deposit the amount under award within further period of six (06) weeks from today. The civil application is disposed of. Office is directed to register the first appeal.

[ SHAILESH P. BRAHME J. ] bsb/June 25