Dattahari Digambar Umbardhale (Died) Thr Lrs. Sangeeta Dattahari Umbardhale And ORS v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO. 8595 OF 2017 IN FIRST APPEAL ST. NO. 7004 OF 2017 Dattahari Digambar Umbardhale .. Applicant

Versus

The State of Maharashtra & others .. Respondents Mr. S. V. Kurundkar, Advocate for the applicant. Mr. S. U. Hange, AGP for the State.

Mr. Ruturaj Patil, Advocate for respondent No. 3. CORAM : R. M. JOSHI, J.

DATE : 12th JANUARY, 2024.

PER COURT :

1.

Learned counsel Mr. Ruturaj Patil states that he has instructions to appear on behalf of respondent No. 3. He undertakes to file Vakalatnama.

2.

This application is for condonation of delay of 30 days in preferring first appeal against the impugned award dated 4th November, 2016 passed in LAR No. 21/2016. Learned counsel for applicant submits that considering the reasons mentioned in the application for condonation of delay, it is a fit case for condonation of delay.

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Learned counsel for respondent opposed the application. 4.

Having regard to the reasons mentioned in the application, no malafides can be attributed to the applicant for not preferring the appeal in time. Hence, application is allowed. ( R. M. JOSHI) Judge dyb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL ST. NO. 7004 OF 2017 Dattahari Digambar Umbardhale .. Appellant

Versus

The State of Maharashtra & others .. Respondents Mr. S. V. Kurundkar, Advocate for the appellant. Mr. S. U. Hange, AGP for the State.

Mr. Ruturaj Patil, Advocate for respondent No. 3. CORAM : R. M. JOSHI, J.

DATE : 12th JANUARY, 2024.

PER COURT :

1.

Heard.

2.

Admit. Learned AGP waives service of notice on behalf of respondents No. 1 and 2. Learned counsel Mr. Ruturaj Patil waives service of notice on behalf of respondent No. 3. ( R. M. JOSHI) Judge dyb