Bombay High CourtCA/5276/2016disposed offdismissed for default

The State Of Maharashtra And ANR v. Shankar Bhaguji Narsale Deceased Thr His Lrs Lobha Shankar Narsale And ANR

2016-08-04Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.5275/2016group 910 CIVIL APPLICATION NO. 5275 OF 2016 IN FAST/12224/2016 WITH CA/5276/2016 IN FAST/12224/2016 WITH CA/5277/2016 IN FAST/12227/2016 WITH CA/5278/2016 IN FAST/12227/2016 WITH CA/5279/2016 IN FAST/12220/2016 WITH CA/5280/2016 IN FAST/12220/2016 THE STATE OF MAHARASHTRA AND ANR

VERSUS

SHANKAR BHAGUJI NARSALE DECEASED THR HIS LRS LOBHA SHANKAR NARSALE AND ANR ...

AGP for Applicant State :Mr.S.R.Yadav ...

CORAM : P.R. BORA, J.

Dated: August 04, 2016 ...

PER COURT :- 1.

The State has filed applications seeking condonation of delay that occurred in filing the appeals by the State against the award passed in LAR Nos.199/1993, 200/1993, 201/1993. The delay of 5111 days has been caused in filing the appeals. It is contended in the applications that the Law and Judiciary Department has scrutinized the proposal and arrived at the conclusion to prefer appeals and, thereafter, vide communication dated 9.12.2015, informed the Government Pleader, High Court Bench at Aurangabad, for preferring the appeals. AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.5275/2016group Except the aforesaid reason, there is absolutely no explanation as to when the proposal was forwarded to the Law and Judiciary Department, seeking advice from the said Department, when the award by the Reference Court was passed in the year 2002. It has to be stated that award under Section 11 of the Act was passed in the year 1991. In view of the fact that there is absolutely no explanation as about the delay caused of such huge period, I do not see any reason to even issue notice to the other side on applications for condonation of delay. As such, Civil applications for condonation of delay do not deserve to be entertained and, therefore, stand rejected. Civil Applications seeking stay stand disposed of. The Appeals on Stamp number stand dismissed.

( P.R. BORA, J. ) ...

AGP/-