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Bombay High CourtCA/10501/2016disposed offdismissed for default

The Executive Engineer, (Nirman) Central Railway, Solapur Prop. Party Is The Dy. Chief Engineer v. Manik Hariram Rathod And ORS

2019-01-07Hon'Ble Shri Justice P.R. Bora2 pages

1 10499.2016.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

51 CIVIL APPLICATION NO.10499 OF 2016 IN FAST/20334/2016 WITH CA/324/2019 IN FAST/20334/2016 WITH CA/10500/2016 IN FAST/20334/2016 WITH CA/10501/2016 IN FAST/20466/2016 WITH CA/10502/2016 IN FAST/20466/2016 WITH CA/10503/2016 IN FAST/20469/2016 WITH CA/10505/2016 IN FAST/20469/2016 WITH CA/10507/2016 IN FAST/20472/2016 WITH CA/10508/2016 IN FAST/20472/2016 WITH CA/322/2019 IN FAST/20469/2016 WITH CA/323/2019 IN FAST/20472/2016 WITH CA/325/2019 IN FAST/20466/2016 THE EXECUTIVE ENGINEER, (NIRMAN) CENTRAL RAILWAY, SOLAPUR PROP. PARTY IS THE DY. CHIEF ENGINEER

VERSUS

THAWARA BOLA RATHOD DIED HIS LRS RATNABAI AND ORS ...

Advocate for Applicant : Shri M.N. Navandar Advocate for Respondents No.1 to 10 : Shri S.A. Wakure AGP for Respondents No.11 & 12 : Shri P.M. Kulkarni ...

CORAM : P.R. BORA, J.

Dated: January 07, 2019 PER COURT :

1.

Though the learned Counsel appearing for the original claimants has opposed for condoning the delay stating that inordinate delay of 911 days has not been appropriately

2 10499.2016.CA.doc explained, after having perused the contents of the application, I am satisfied that, sufficient reasons are assigned to justify the delay. I am, therefore, inclined to allow these applications. Hence, the following order.

ORDER

(i) Civil Applications for condonation of delay are allowed. (ii) Delay caused in filing the appeals is condoned. (iii) The appeals be registered in accordance with law. After registration of the appeals, issue notice to the respondents. Advocate Shri Wakure waives service of notice for the respondents - Orig. claimants. Learned AGP Shri Kulkarni waives service of notice for the respondents - State and SLAO. Service complete.

(iv) List the First Appeals for further consideration after four weeks.

( P.R. BORA, J. ) ggp