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Bombay High CourtCA/5158/2020delay condonatedrejected

Mohammad Kalim Mohammad Ismail Maniyar v. The State Of Maharashtra And ORS

2022-11-29Hon'Ble Shri Justice Sandipkumar C. More1 pages

(1) 944 CA-5158.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO.5158 OF 2020 IN FAST/15590/2019 MOHAMMAD KALIM MOHAMMAD ISMAIL MANIYAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. H.B. Nandagavale, Advocate for the applicant. Mr. A.B. Chate, A.G.P. for respondent Nos.1 and 2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

29.11.2022.

ORDER:- 1.

Heard rival submissions. The applicant is seeking condonation of delay of 2238 days in filing the appeal. The delay appears to be caused due to his financial crisis. The learned A.G.P. strongly opposed the application on the ground that there is also circulation delay. The Acquiring Body though served, but remained absent. However, considering the statutory right of the applicant, the delay period as mentioned in this application stands condoned subject to condition that the applicant shall not claim any interest for the aforesaid delay period and also for the delay in circulating the matter belatedly.

2.

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

3.

The Civil Application is disposed of accordingly. (SANDIPKUMAR C. MORE, J.) vd_dhirde