← Library
Bombay High CourtCA/4848/2018disposed offdismissed for default

Rakhamaji Ravaji Ughade v. The Executive Engineer, Urdhawa Prvara Dharan Vibhag Ghulewadi Thr The Gmidc Aurangabad And ANR

2019-07-26Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1027(i)-ca-4848-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4848 OF 2018 IN FIRST APPEAL (ST) NO.8690 OF 2018 RAKHAMAJI RAVAJI UGHADE

VERSUS

THE EXECUTIVE ENGINEER, URDHAWA PRVARA DHARAN VIBHAG GHULEWADI THR THE GMIDC AURANGABAD ...

Mr. Dnyaneshwar A. Bide, Advocate for applicant. AGP for Respondents/State : Mr. R.B. Bagul Ms. Sunita Shelke, Advocate for respondent No.1 ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 26th JULY 2019 ORDER :

.

Present application has been filed for getting the delay of 2164 days condoned in filing first appeal. The applicant is the original claimant. He wants to challenge the judgment and award passed by the Reference Court for enhancement.

2.

The application has been strongly objected by the learned Advocate appearing for respondent No.1-acquiring body as well as learned AGP on the ground that the delay is huge and inordinate.

1027(i)-ca-4848-18.doc 3.

Taking into consideration the reasons mentioned in the application as well as in the additional affidavit dated 07.08.2018, the delay stands condoned.

4.

Civil Application stands allowed and disposed of accordingly.

5.

Taking into consideration the undertaking and also the fact that there was delay, the applicant is not allowed to get interest of 2164 days in case of success in his appeal.

6.

Registry to verify and register the first appeal and place it for further consideration on 05.09.2019.

( Smt. Vibha Kankanwadi, J. ) Shubham/