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Bombay High CourtCA/6801/2020delay condonatedrejected

The Executive Engineer, Maharashtra Industrial Development Corporation, Midc Jalgaon v. Namdeo Babu Sarode (Deceased) Thr Lrs Tulsabai Namdeo Sarode And ORS

2021-07-01Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 926-CA-6801-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6801 OF 2020 IN FIRST APPEAL ST.NO. 11716 OF 2020 The Executive Engineer, Maharashtra Industrial Development Corporation, Jalna .. Applicant

Versus

Namdeo Babu Sarode (deceased) through L.Rs.

Tulsabai Namdeo Sarode and ors.

.. Respondents Mrs M.S. Mhase, Advocate for applicant Mr V.B. Patil, Advocate for respondents no.1-B (GPA filed through R.No.1B for respondents no.1A, 1C, 1E and 2 Mr Y.G. Gujarathi, A.G.P. for respondent no.3 CORAM : SHRIKANT D. KULKARNI, J.

DATE : 1st JULY, 2021 PER COURT :

1.

It is an application for condonation of delay moved by the appellant/original respondent no.2/acquiring body. 2.

Heard Mrs Mhase, learned Counsel for the applicant/original respondent no.2/acquiring body and Mr V.B. Patil, learned Counsel for respondents/original claimants and Mr Gujarathi, learned A.G.P. for respondent no.3 - State.

3.

There seems to be delay of 180 days in preferring the appeal. Mr Patil, learned Counsel for original claimants strongly opposed to condone the delay. He submits that the reasons assigned for condonation of delay are not sufficient.

2 926-CA-6801-2020 4.

For the reasons stated in the application for condonation of delay and to meet the ends of justice, it is necessary to condone the delay of 180 days while preferring the appeal. With this, I conclude and proceed to pass the following order :

ORDER

(i) The application for condonation of delay moved by the applicant is hereby allowed.

(ii) The Registry is directed to scrutinise the appeal as per the procedure and thereafter it be numbered and then it be placed for admission.

[ SHRIKANT D. KULKARNI, J. ] mta