The Exe. Engineer Latur Medium Pro., Latur v. Narayan Ranba Sirsat (Died) Thr Lrs Suryakant And ORS

(1) 928-ca-9255-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7255 OF 2022 IN FAST/20904/2020 THE EXE. ENGINEER LATUR MEDIUM PRO., LATUR AND ANOTHER

VERSUS

NARAYAN RANBA SIRSAT (DIED) THR LRS SURYAKANT AND ORS ...

Mr. S. G. Bhalerao, Advocate for the Applicants. Mr. S. N. Morampalle, AGP for Respondents-State. Mr. N. D. Kendre, Advocate for Respondent Nos.1 and 3. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 14th JULY, 2023.

PER COURT:- 1.

By this application, the applicants seek condonation of delay of 1998 days caused in filing the appeal against the Award passed by the Reference Court.

2.

Mr. Bhalerao, learned Advocate appearing for the applicants invites attention of this Court to the explanation tendered in paragraph nos.2 and 3 of the application and submits that the delay is occasioned on account of procedural aspect and administrative reasons. He submits that the applicants have not derived any disadvantage by making delay.

3.

Mr. Kendre, learned Advocate appearing for the respondents submits that the reasons are stated in paragraph nos.2 and 3 cannot constitute sufficient cause. 4.

Having considered the submissions advanced, it can be gathered that the applicants were required to move proposal

(2) 928-ca-9255-2022 for filing the appeal and get various sanction. The delay appears to be procedural and unintentional one. Meanwhile, because of pandemic situation, process was stalled to certain extent. Considering the reasons, the case is made out to condone the delay. Hence, the following order:-

ORDER

a.

Civil Application is allowed.

b.

Delay of 1998 days caused in filing the First Appeal is condoned.

c.

The appeal be registered.

5.

Civil Application is disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2023