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Bombay High CourtCA/10260/2013delay condonatedrejected

The State Of Maharashtra And Another v. Chandrakant Vishwanath Chole

2021-07-01Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

908CA10262

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO. 10262 OF 2013 IN FAST/18309/2013 WITH CA/10239/2013 IN FAST/18282/2013 WITH CA/10241/2013 IN FAST/18285/2013 WITH CA/10247/2013 IN FAST/18297/2013 WITH CA/10254/2013 IN FAST/18288/2013 WITH CA/10257/2013 IN FAST/18291/2013 WITH CA/10260/2013 IN FAST/18294/2013 WITH CA/10264/2013 IN FAST/18312/2013 WITH CA/10237/2013 IN FAST/18269/2013 WITH CA/10243/2013 IN FAST/18306/2013 WITH CA/10245/2013 IN FAST/18300/2013 WITH CA/10250/2013 IN FAST/18303/2013 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

GANGADHAR SHIVDAS ARDAWAD AGP for Appellant No. 1 : Mr. Y.G. Gujrathi.

Advocate for Appellant No. 2 : Mr. R.D. Biradar. Advocate for Respondent : Mr. H.B. Nandagavale h/f. Mr. V.G. Sakolkar.

CORAM : SHRIKANT D. KULKARNI, J.

DATED : 01.07.2021 PER COURT :

1.

These are applications for condonation of delay moved by the applicants.

2.

Heard Mr. Gujrathi, learned AGP, Mr. Biradar, learned Advocate appearing for respective applicants and Mr. Nandagavale, learned Advocate holding for Mr. Sakolkar for respondent.

908CA10262 3.

Mr. Nandagavale, learned Advocate for the respondent strongly opposes to condone the delay. He points out that the impugned judgment and order came to be passed in the year 2009 and there is inordinate delay in filing the appeals and reasons assigned in the applications are not sufficient to condone the delay. 4.

For the reasons separately recorded in the applications for condonation of delay and in order to decide the matters on merits, I am of the view that delay needs to be condone. With this I conclude and proceed to pass the following order :

ORDER

i.

The applications for condonation of delay moved by the applicants are hereby allowed.

ii.

The Registry is directed to register the appeals after due scrutiny as per procedure and thereafter it be given numbers. iii.

Call record and proceeding from the reference Court. iv.

The Civil applications are disposed of accordingly. ( SHRIKANT D. KULKARNI, J. ) S.P.C.