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Bombay High CourtCA/5280/2023admittedallowedgrantedrule absolute

The Executive Engineer Latur Medium Project Dept Latur v. Satyanarayan Govind Somani

2025-05-06Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2025:BHC-AUG:13845 5280.23ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947-2 CIVIL APPLICATION NO. 5280 OF 2023 IN FAST/8163/2023 THE EXECUTIVE ENGINEER LATUR MEDIUM PROJECT DEPT LATUR

VERSUS

SATYANARAYAN GOVIND SOMANI ....

Mr S. C. Arora, Advocate for applicant Ms A. S. Mantri, A.G.P. for State Mr S. B. Gastgar, Advocate for respondent/sole CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 6th May, 2025 PER COURT:

1.

This is an application for condonation of delay in filing the First Appeal at the instance of the acquiring body. 2.

Heard learned advocate for the applicant/appellant. He submits that the delay occurred in filing the First Appeal is on account of seeking approvals and budgetary sanctions as mentioned in paragraph No.6 of the civil application. It is submitted that the delay is not intentional and the same may be condoned in the interest of justice. 3.

Considering the submissions advanced and reasons mentioned in paragraph No.6 of the civil application, the delay needs

5280.23ca (2) to be condoned in the interest of justice, however, subject to depositing of costs.

4.

As such, the civil application is allowed. Delay of 2643 days caused in filing the First Appeal is condoned subject to deposit of amount of Rs.3,000/- by the the appellant with the Advocate Association's Bar Library, High Court, Aurangabad within a period of four weeks.

5.

Civil Application is disposed of.

(PRAFULLA S. KHUBALKAR, J.) sjk