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Bombay High CourtCA/12034/2021delay condonatedrejected

Vijaymala Ramdas Dudhakar v. The State Of Maharashtra And ORS

2023-07-21Hon'Ble Shri Justice Sandipkumar C. More2 pages

937-CA-12034-2021

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 12034 OF 2021 IN FIRST APPEAL (ST) NO. 20048 OF 2019 VIJAYMALA RAMDAS DUDHAKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Ms. Anagha Pedgaonkar h/f. Mr. G.K. Kshirsagar - Advocate for Applicant Mr. S.N. Kendre - AGP for Respondent Nos.1 and 2, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 21st July, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 944 days, which appears to be caused due to her poor financial condition. The learned A.G.P. for all the respondents strongly opposed the application on the ground that, there is also circulation delay.

3.

However, considering the statutory right of the applicant Pooja K.

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937-CA-12034-2021 and for the reasons stated in the application, the application is allowed and the delay of 944 days in this application stands condoned subject to condition that the applicant shall not claim any interest for the period of aforesaid delay and also for delay in circulating the matter belatedly.

4.

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

5.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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