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Bombay High CourtCA/10570/2017delay condonatedrejected

The Godavari Marathwada Irrigations Development Corporation Aurangabad Thr. Executive Engineer O.Ba v. Sopan Rama Jadhav And Others

2023-12-05Hon'Ble Shri Justice Kishore C. Sant2 pages

2023:BHC-AUG:25428 {1} 906.1-CA-10570-2017

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10570 OF 2017 IN FAST/16450/2016 The Godavari Marathwada Irrigation Development Corporation ...Applicant

VERSUS

Sopan Rama Jadhav & Another

...Respondents

WITH CIVIL APPLICATION NO. 10568 OF 2017 IN FAST/16479/2016 The Godavari Marathwada Irrigation Development Corporation ...Applicant

VERSUS

Nagorao Kundala Survase & Another

...Respondents

.......

Mr. P.R. Tandale, Advocate for the applicant. Mr. S.N. Patne, Advocate for respondent No. 1. Mr. D.B. Bhange, AGP for State.

.......

CORAM : KISHORE C. SANT, J.

DATE : 5th DECEMBER, 2023 PER COURT:

1.

Both these applications are filed by the applicants/acquiring body for condonation of delay caused in filing the first appeals challenging the award passed by the learned Reference Court. The reason assigned in the applications is that the applicant/Corporation was not a party in the reference Bhagyawant Punde

{2} 906.1-CA-10570-2017 proceeding. The applicant was therefore not aware of the award passed by the Reference Court. After getting the knowledge of passing of the award they move the proposal for filing the appeals. The decision of filing appeals is taken by responsible authority. In the said process delay is caused. Considering this, this Court finds that delay can be condoned.

2.

Civil applications stands allowed and accordingly disposed of. Delay stands condoned.

3.

Office to register the appeal.

[KISHORE C. SANT, J.] Bhagyawant Punde