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Bombay High CourtCA/6607/2019delay condonatedrejected

Shrikant Vishwanath Lagad v. Ram Bhausaheb Kadu

2022-12-12Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 66 CIVIL APPLICATION NO.6607 OF 2019 IN FAST/13029/2019 SHRIKANT VISHWANATH LAGAD

VERSUS

RAM BHAUSAHEB KADU ...

Advocate for Applicant : Mr.Wakale Shriraj R. Advocate for Respondent No.1 : Mr.Markad Dattraya R. ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 12.12.2022 PER COURT :

Heard rival submissions. The applicant / original owner is seeking condonation of delay of 556 days which appears to be caused due to his financial crisis. The learned counsel for the respondentclaimant strongly opposed the application on the ground that there is no satisfactory reason mentioned in the application for such delay. He added that the owner has also not deposited any amount of compensation. However, for that purpose the claimant is always at liberty to pursue remedy of execution of the impugned award. 2.

Considering the statutory right of the applicant, the delay of 556 days stands condoned subject to payment of cost of Rs. 5,000/- to be paid or deposited for the claimant within four weeks.

3.

The appeal be placed for admission after removal of office objections, if any.

4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE .....

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