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Bombay High CourtCA/3845/2020delay condonatedrejected

Babasaheb Eknath Chadidar v. Ex. Engineer, Minor Irrigation Division (Local Sector) Jalna And ORS

2022-08-17Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 12 CA-3845.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3845 OF 2020 IN FAST/8123/2019 BABASAHEB EKNATH CHADIDAR

VERSUS

EX. ENGINEER, MINOR IRRIGATION DIVISION (LOCAL SECTOR) JALNA AND OTHERS ...

Mr. I.K. Wagh, Advocate holding for Mr. K.M. More, Advocate for the applicant.

Mr. P.N. Kutti, A.G.P. for respondent Nos. 1 to 3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

17.08.2022.

ORDER:- 1.

Heard the rival submissions. There appears delay of 1130 days in fling appeal against award dated 2 November 2015 in LAR No. 2626 of 2010 due to poor fnancial condition of the applicant.

2.

The learned A.G.P. for respondents strongly opposed the application. However, considering the statutory right of the applicant and the reasons stated in the application, the application is allowed and the delay of 1130 stands condoned subject to condition that the applicant shall not claim any interest for the aforesaid period of delay and for the further period spent in taking circulation.

(2) 12 CA-3845.2020.odt 3.

Accordingly, The Civil Application is disposed of. 4.

The appeal be placed for admission, after removal of offce objections, if any.

(SANDIPKUMAR C. MORE, J.) vd_dhirde