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Bombay High CourtCA/8893/2022delay condonatedrejected

Chandrakant Somnath Nikam v. The Ex. Engineer, Medium Project Div. No. 1 Dhule And ANR

2022-12-20Hon'Ble Shri Justice Sandipkumar C. More1 pages

(1) 960 CA-8893.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 CIVIL APPLICATION NO.8893 OF 2022 IN FAST/8289/2022 CHANDRAKANT SOMNATH NIKAM

VERSUS

THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIV. NO. 1 DHULE AND ANOTHER ...

Mr. M.M. Bhokarikar, Advocate for the applicant. Mr. P.M. Kulkarni, A.G.P. for respondent No.2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20.12.2022.

ORDER:- 1.

Heard rival submissions. The applicant is seeking condonation of delay of 798 days which appears to be caused due to his poor financial condition. The learned A.G.P. strongly opposed the application on the ground that delay is not properly explained. The respondent No.1 Acquiring Body though served, but remained absent.

2.

However, considering the statutory right of the applicant, the application is allowed and the delay of 798 days condoned subject to condition that the applicant shall not claim any interest for the aforesaid period of delay. 3.

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

4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde