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Bombay High CourtCA/11183/2018disposed offdismissed for default

Executive Engineer Irrigation Project Strengthening Division Omerga Thr M.K.V.D.C. Pune And ANR v. Ashok Shamrao Jadhav

2018-09-29Hon'Ble Shri Justice P.R. Bora2 pages

1 11183.2018.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

908 CIVIL APPLICATION NO.11183 OF 2018 IN FAST/13301/2018 EXECUTIVE ENGINEER IRRIGATION PROJECT STRENGTHENING DIVISION OMERGA THR M.K.V.D.C. PUNE AND ANR ..Applicants

VERSUS

ASHOK SHAMRAO JADHAV ..Respondent ...

Advocate for Applicants : Shri S.G. Karlekar Advocate for Respondent : Shri S.A. Wakure ...

CORAM : P.R. BORA, J.

Dated: September 29, 2018 PER COURT :

1.

Issue notice to the respondent. Learned Advocate Shri S.A. Wakure waives service of notice for the respondent. 2.

The learned Counsel appearing for the respondent though has opposed for condoning the delay, on perusal of the application, it is revealed that, the delay of 1017 days has been sufficiently explained. I am, therefore, inclined to allow this application. Hence the following order.

ORDER

(i) The application is allowed.

2 11183.2018.CA.doc (ii) The delay caused in filing the appeal is condoned. The appeal be registered in accordance with law. Civil Application stands disposed of.

(iii) On registration of the appeal, issue notice to the respondent. Learned Advocate Shri Wakure waives service of notice for respondent. Service complete.

(iv) List the First Appeal for further consideration after eight weeks.

(P.R. BORA, J.) ggp