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Bombay High CourtCA/10556/2015disposed offdismissed for default

Shrirang Sakharam Ambhore And Another v. The State Of Maharashtra And Another

2016-12-07Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 CIVIL APPLICATION NO. 10556 OF 2015 IN FAST/22301/2015 SHRIRANG SAKHARAM AMBHORE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Adkine S.K.

Mr. YG Gujrathi, AGP for Respondent:1.

...

CORAM : P.R. BORA, J.

Dated: December 07, 2016 ...

PER COURT :- 1) Heard. Delay of 727 days has occurred in filing the present appeal. Shri Adkine submits that the companion matters have already been admitted by this Court. However, the present appellant could not file the appeal within stipulated period of limitation because of some financial difficulties. 2) Learned AGP has opposed for condoning the delay stating that the reasons which have been assigned in justification of the delay, are unsustainable. He, therefore, prayed for rejection of the application.

3) On perusal of the application, it appears BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD that the delay has been sufficiently explained by the applicants/appellants. Moreover, when the connected matters are admitted by this Court, the present appellants also need to be given an opportunity to contest the matter on merits.

4) The delay is condoned. The appeal be registered in accordance with law.

After registration of the appeal, issue notice to respondents, returnable after six weeks. Learned AGP waives service for Respondent No.1.

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

BDV