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Bombay High CourtCA/6797/2011disposed offdismissed for default

The Executive Engineer (Civil ) , Maharashtra State Electricity Distribution Company Limited v. Ramrao Narhari Dongare And ANR

2016-01-19Hon'Ble Shri Justice T.V. Nalawade2 pages

CA No. 8293/14

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 916 CIVIL APPLICATION NO. 8293 OF 2014 IN FAST/12678/2011 WITH CA/6797/2011 IN FAST/12678/2011 THE EXECUTIVE ENGINEER (CIVIL ) , MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMP

VERSUS

RAMRAO NARHARI DONGARE DECEASED THROUGH LEGAL REPESENTATIVES CHANDRAKALA RAMRAO D ...

Advocate for Applicant : Shelke Avishkar S.

AGP for Respondent No 2 : A.R. Borulkar Advocate for Respondent Nos. 1-a to 1-d : Ashtekar R.K. ...

CORAM : T.V. NALAWADE, J.

DATED : 19th January, 2016.

PER COURT :

1.

Civil Application No. 8293/2014 is filed for condonation of delay caused in bringing legal heirs of deceased respondent No. 1, original claimant on record and the other application is filed for condonation of delay caused in filing the first appeal.

2.

The proposed legal heirs are duly served and learned counsel Shri. Ashtekar is appearing for proposed legal heirs of deceased respondent No. 1.

3.

In view of the contentions made the applications and the submissions made, this Court holds that sufficient cause is shown. Delay caused in both the applications is hereby condoned. Amendment is to be carried out immediately in delay

CA No. 8293/14 condonation application No. 6797/2011. Notice in that proceeding is waived by learned counsel Shri. Ashtekar in respect of proposed legal heirs. Amendment is to be carried out immediately in the memo of the first appeal also. These two applications are disposed of.

4.

Notice in first appeal is waived by learned counsel Shri. Ashtekar for legal heirs of deceased respondent No. 1. The learned AGP waives notice for respondent No. 2. Call record and proceeding. List the matter for admission on 24.2.2016. [ T.V. NALAWADE, J. ] ssc/