Ameenabee Nabeesaheb Shaikh v. The State Of Maharashtra And ANR

16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 CIVIL APPLICATION NO. 8119 OF 2017 IN FAST/16642/2017 AMEENABEE NABEESAHEB SHAIKH

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant : Mr. Sontakke Gajanan K And Mrs. P.G. Sontakke (patil) AGP for Respondent No. 1 : Mr. B.A. Shinde.

Advocate for Respondent No. 2 : Mr.Navandar Manish N.

CORAM

: K. L. WADANE, J.

DATE :

26th September, 2017 ORDER:

1.

This is an application for condonation of delay. Perused the contents of the application. It appears that the applicant was prevented from certain causes such as financial constrain. Therefore, he was unable to prefer the appeal within prescribed period of limitation.

2.

Learned counsels appearing for the respondents have opposed the application, as the delay has not been explained satisfactorily.

3.

In view of the submissions made by the respective counsels and in view of the observations of Supreme Court in the case of Ramanlal Deochand Shah v/s. State of Maharashtra, and another, reported in AIR 1/2

16.odt 2013 SC 3452, the application for condonation of delay is allowed. Delay caused in filing the appeal is hereby condoned. The applicant shall not be entitled for the amount of interest, other statutory benefits for the period for which the delay is sought to be condoned. 4.

Civil application is accordingly disposed of. 5.

First Appeal be registered. After registration of Appeal, issue notice to the respondents. The learned counsels appearing for the respondents waive service of notice for the respondents.

6.

Call record and proceedings.

(K. L. WADANE, J.) mkd 2/2