Udhav Bhujang Kale v. The State Of Maharashtra And ORS

2025:BHC-AUG:8489

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

936 CIVIL APPLICATION NO. 6544 OF 2022 IN FAST/13283/2021 Udhav Bhujang Kale ....Applicant

Versus

The State of Maharashtra And Ors .....Respondents .....

Shri. H.B. Nandagavale, Advocate for the Applicant Shri. R. B. Dhaware, AGP for Respondent Nos. 1 & 2 Smt. Vaishali Patil Jadhav, Advocate for Respondent No.3 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : MARCH 18, 2025 PER COURT :- .

This is the Application for condonation of 2556 days delay in preferring the Appeal against the Judgment and Award dated 24.01.2013 passed by the learned Reference Court in LAR No.2243/2010 (New) / LAR No.343/2009 (Old). The Appeal is filed by the Original Claimants.

2.

Pursuant to notice issued by this Court on 30.11.2022 on the Application, the learned AGP appears for Respondent Nos.1 and 2 and learned Advocate appears for Respondent No.3. 3.

Heard both the sides.

4.

It is submitted by the learned Advocate for the Applicant that sufficient reasons are shown in the Application which prevented the

Applicant in preferring the Appeal within the stipulated time and hence, the Application be allowed.

5.

The learned AGP for Respondent Nos.1 and 2 and learned Advocate for Respondent No.3 opposed the Application. 6.

Perused the Application. For the reasons mentioned in paragraph nos.2 to 6 of the Application, the Application is allowed in terms of prayer clause 'B', subject to condition that the Applicant shall not be entitled for the statutory benefits and the interest for the said delayed period. Copy of this order be kept in the order sheet of the Appeal memo. Civil Application stands disposed off accordingly. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 21/03/2025 19:08:21