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Bombay High CourtCA/712/2022delay condonatedrejected

Meena Ashok Gund And Others v. The Divisional Controller Msrt Ahmednagar

2022-12-21Hon'Ble Shri Justice Sandipkumar C. More2 pages

712.22CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 CIVIL APPLICATION NO.712 OF 2022 IN FAST/6656/2014 MEENA ASHOK GUND AND OTHERS

VERSUS

THE DIVISIONAL CONTROLLER MSRT AHMEDNAGAR ...

Mr.D.R. Jayabhar, advocate for the applicants. Mr.A.M. Reddy i/b Mr.B.S. Deshmukh, advocate for respondent.

...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 21st DECEMBER, 2022 PER COURT :- 1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 63 days. The delay appears to be caused due to their fnancial crisis. The learned counsel for the respondent M.S.R.T.C. strongly opposed the application on the ground that the applicants since beginning are negligent.

3.

It appears that the appeal is fled in the year 2014, but it was dismissed for non-removal of offce objections on 22th July, 2014. Then this Court vide order dated 17th November, 2017 had in fact set aside

712.22CA.odt the aforesaid dismissal.

4.

However despite that order the applicants could not remove the offce objections till 07.12.2021 and again sought extension of time for the same. Thereafter, the applicants took circulation on 24.08.2022 and the notices were issued to the respondents. In view of the same, the delay of 63 days stands condoned subject to condition that, the applicants shall not claim any interest from the date of fling of this appeal till 24.08.2022 on the enhanced compensation, if granted. 5.

The application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE SGA