The State Of Maharashtra And ORS v. Kadari Gyanoba Bhatsange

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7345 OF 2016 IN FAST/15482/2016 THE STATE OF MAHARASHTRA AND ORS

VERSUS

HANMANT JAIWANT BIRADAR WITH CIVIL APPLICATION NO.7353 OF 2016 IN FAST/15552/2016 WITH CIVIL APPLICATION NO.7355 OF 2016 IN FAST/15561/2016 WITH CIVIL APPLICATION NO.7357 OF 2016 IN FAST/15543/2016 WITH CIVIL APPLICATION NO.7351 OF 2016 IN FAST/15546/2016 WITH CIVIL APPLICATION NO.7343 OF 2016 IN FAST/15555/2016 WITH CIVIL APPLICATION NO.7359 OF 2016 IN FAST/15564/2016 WITH CIVIL APPLICATION NO.7361 OF 2016 IN FAST/15540/2016 WITH CIVIL APPLICATION NO.7347 OF 2016 IN FAST/15549/2016 WITH CIVIL APPLICATION NO.7349 OF 2016 IN FAST/15558/2016 ...

(2) Mr. S. S. Dande, AGP for the Applicants.

Mr. G. K. Sontakke and P. G. Sontakke, Advocate for Respondents.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 31st JULY, 2023.

PER COURT:- 1.

By these applications, the applicants seek to condone the delay of 1156 days caused in filing the appeals against the award passed by the Reference Court.

2.

Mr. Dande, learned AGP for the applicants invites attention of this Court to the reasons stated in the paragraph nos.2 to 4 of the applications and submits that the delay is occasioned on account of administrative reasons and procedural compliance. He would submit that the applicants have not derived any advantage by making such delay.

3.

The learned Advocate appearing for the respondents opposes the prayer.

4.

Having considered the submissions advanced and reasons given in paragraph nos.2 to 4 of the applications, it is apparent that the applicants were required to get various sanctions before filing appeals. Such compliance consume time, which is the main reason of the delay. Therefore, sufficient cause is made out. Hence, the following order:-

ORDER

a.

Civil Applications are allowed.

b.

Delay of 1156 days caused in filing the First Appeals is condoned.

(3) c.

Appeals be registered.

d.

Civil Applications are disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2023