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Bombay High CourtCA/935/2022delay condonatedrejected

M.K.V.D.C., Ltd., Thr Ex. Engineer, Osmanabad Medium Project Div. Osmanabad v. Laxman Malhari Khatake And ORS

2022-03-10Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 924-CA-935-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO.935 OF 2022 IN FAST/16730/2020 MAHARASHTRA KRISHNA VALLY DEVELOPMENT CORPORATION LTD., THR EX. ENGINEER, OSMANABAD MEDIUM PRO. DIV

VERSUS

LAXMAN MALHARI KHATAKE AND ORS.

...

Advocate for Applicant : Mr A.S. Shelke Advocate for Respondent No. 1 : Mr A.S. More AGP for Respondent Nos. 2 and 3/State : Mr A.B. Chate CORAM : SHRIKANT D. KULKARNI, J.

DATE : 10th March, 2022 PER COURT :

1.

It is an application for condonation of delay moved by the applicant/acquiring body.

2.

Heard Mr A.S. Shelke, learned counsel for the applicant. 3.

Issue notice to respondent Nos. 1 to 3. Mr A.S. More, learned counsel waives notice for original claimants/respondent No. 1 and Mr A.B. Chate, learned AGP waives notice for respondent Nos. 2 and 3. 4.

There is delay of 386 days in preferring the appeal. 5.

Mr A.S. More, learned counsel for original claimant and Mr A.B. Chate, learned AGP for the State have no objection to condone the delay having nature of dispute.

2 924-CA-935-2022

ORDER

(I) The Application is hereby allowed in terms of prayer clause (A) and (B).

(II) The Registry is directed to make scrutiny of the appeal and thereafter it be numbered and placed before the Court for admission. (III) The Civil Application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta