The State Of Maharashtra And Others v. Asha Ram Kulkarni And Others

CA3963.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3963 OF 2015 IN FIRST APPEAL ST. NO. 8844 OF 2015 The State of Maharashtra & Ors.

... Applicants

VERSUS

Asha Ram Kulkarni & Ors.

... Respondents .............

Mr P. P. More, AGP for applicant/State Mr Ajit B. Kale, Advocate for respondents No. 1 to 4 ..............

CORAM :

S. V. GANGAPURWALA, J.

DATE : 21ST AUGUST, 2015.

PER COURT:

.

Learned AGP submits that the delay is caused in filing the appeal challenging the judgment and award passed by the reference court. Ld. AGP submits that, after the judgment and order was passed on 23.11.2012, the advocate of the applicants applied for certified copy only on 18.12.2013 and, thereafter, was forwarded to the office and then steps are taken to file appeal. All the correspondence was made at the old office. The correspondence was made in the name of National Highway Division, which is changed to Public Woks Departments and for the same reason the earlier communications could not be received. 2.

Mr Kale, ld. counsel for the respondents opposes the application on the ground that no sufficient cause is stated.

CA3963.2015.odt 3.

I have considered the reasons given in the application. The averments made in the application are not controverted by respondents by filing affidavit. It is submitted that the earlier correspondence was made with National Highway Division, which is changed to Public Works Department, and because of the same, there was communication gap.

4.

For the reasons stated in the application, the same is allowed. Delay is condoned.

5.

Civil Application accordingly disposed of.

[ S. V. GANGAPURWALA, J. ] sgp