Ex. Engineer, Irrigation Project Strengthening Div. Omerga Thr M.K.V.D.C., Pune And ORS v. Bhojraj Narayan Fund (Died) Thr Lrs Dyandev

968-CA-11385-2018 delay.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 968 CIVIL APPLICATION NO. 11385 OF 2018 IN FAST/20623/2018 WITH CA/11387/2018 IN FAST/21107/2018 WITH CA/11389/2018 IN FAST/21115/2018 WITH CA/11391/2018 IN FAST/21110/2018 WITH CA/11393/2018 IN FAST/21101/2018 WITH CA/11395/2018 IN FAST/21134/2018 WITH CA/11397/2018 IN FAST/21122/2018 WITH CA/11399/2018 IN FAST/21098/2018 WITH CA/11401/2018 IN FAST/21129/2018 EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING DIV. OMERGA THR M.K.V.D.C., PUNE A

VERSUS

BHOJRAJ NARAYAN FUND (DIED) THR LRS DYANDEV ...

Advocate for Applicant : Mr. Karlekar Sujeet G. Advocate for Respondent : Mr. L.C. Patil ...

CORAM : P.R. BORA, J.

DATED : 19th OCTOBER, 2018.

PER COURT:- .

Heard Shri Karlekar, the learned counsel appearing for the applicants and Shri L.C. Patil, the learned counsel appearing for the respondent. 2.

The delay of 1129 days has occurred in filing the appeals by the acquiring body. It is the contention of the acquiring body that in making procedural compliances the appeals could not be filed within the period of limitation. The learned counsel appearing for the respondent i.e. original claimant has fairly conceded for condoning the

968-CA-11385-2018 delay.odt (2) delay and hearing of the appeals on merits. In view of the submissions so made, the following order is passed:

ORDER

i) The applications are allowed.

ii) The delay of 1129 days caused in filing the appeals is condoned. The appeals be registered in accordance with law.

iii) Civil applications for condonation of delay stand disposed of.

iv) On registration of the appeals, issue notice to the respondents, returnable on 14.12.2018. Advocate Shri L.C. Patil waives notice for the respondent-original claimant. Service complete.

v) List the appeals for further consideration on 14.12.2018.

(P.R. BORA, J.) Mujaheed//