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Bombay High CourtCA/179/2020disposed offdismissed for default

Divisional Controller, M.S.R.T.C., Division Office, Beed v. Bandu Haribhau Gaikwad And ORS

2020-02-28Hon'Ble Shri Justice V.L. Achliya2 pages

179.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO.179 OF 2020 IN FIRST APPEAL STAMP NO.21396 OF 2019 DIVISIONAL CONTROLLER, M.S.R.T.C., DIVISION OFFICE, BEED

VERSUS

BANDU HARIBHAU GAIKWAD & OTHERS ...

Mr.A.B.Dhongade, Advocate for the applicant.

Mr.P.N.Mule, Advocate for the resopndent nos.1 and 2.

...

CORAM : V.L.ACHLIYA,J.

DATE : 28.02.2020 P.C.

1] The applicant has moved this application seeking condonation of 62 days delay in filing appeal for the reasons set out in detail in the application.

2] Heard learned counsel for the applicant and the advocate representing the respondent nos.1 and 2.

3] On due consideration of the submissions advanced in the light of unchallenged and uncontroverted pleadings made in the application assigning cause for condonation of delay, I am of the view that

179.20CA.odt delay deserves to be condoned. No serious prejudice would cause to the other-side if delay is condoned. Accordingly, application is allowed in terms of prayer clause-B. Delay condoned.

4] Appeal be registered.

5] Office objections, if any, be removed within two weeks from the date of registration of the appeal.

6] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC