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Bombay High CourtCA/10792/2018disposed offdismissed for default

Latur Minor Irrigation Division, G.M.I.D. Ltd Thr Ex. Engineer And ANR v. Sitaram Gangaram Kawale

2019-02-22Hon'Ble Shri Justice P.R. Bora3 pages

{1} CA 10800 OF 2018 & ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 980 CIVIL APPLICATION NO.10800 OF 2018 IN FAST/22275/2018 LATUR MINOR IRRIGATION DIVISION, GMIDC, THR.EXECUTIVE ENGINEER AND ANOTHER

VERSUS

MADHUKAR SANGRAM SHRIRAME ...

WITH CA/10784/2018 IN FAST/22013/2018 WITH CA/10786/2018 IN FAST/22279/2018 WITH CA/10788/2018 IN FAST/22254/2018 WITH CA/10790/2018 IN FAST/22239/2018 WITH CA/10792/2018 IN FAST/22245/2018 WITH CA/10794/2018 IN FAST/22248/2018 WITH CA/10796/2018 IN FAST/22251/2018 WITH CA/10798/2018 IN FAST/22258/2018 WITH CA/10802/2018 IN FAST/22261/2018 WITH CA/10804/2018 IN FAST/22266/2018 ...

Advocate for Applicant - Acquiring Body : Shri S.S.Tope AGP for Co-appellant : Shri S.J.Salgare Advocate for Respondents : Shri B.K.Pawar ...

CORAM : P.R.BORA, J.

DATE: 22nd February, 2019 PER COURT:- Heard Shri S.S.Tope, learned Counsel for the Acquiring Body and Shri B.K.Pawar, learned Counsel appearing for respondents - claimants.

Though, the delay appears to be of huge period of more than 2000 days, the Acquiring Body has provided

{2} CA 10800 OF 2018 & ORS sufÏcient reasons in the applications filed by it for condoning the delay. The delay is caused because of procedural compliances. It is apparent that the ofÏcers of the appellant, who had dealt with the matters, were too negligent in prosecuting these matters.

However, considering the facts that substantial grounds are raised in exception to the impugned Judgment and award and public money is involved in the matter, ignoring negligence on part of the ofÏcers of the appellant, I deem it appropriate to condone the delay so that the appeals can be prosecuted on merits by the Acquiring Body. The Acquiring Body has deposited the entire amount of compensation with interest accrued thereon and have shown its bonafide. Hence, the following order is passed:-

ORDER

I) Applications for condonation of delay are allowed.

II) The delay caused in filing the appeals is condoned.

{3} CA 10800 OF 2018 & ORS III) Applications for condonation of delay stand disposed of.

IV) Appeals be registered in accordance with law.

V) On registration of appeals, issue notice to the respondents.

Shri B.K.Pawar, learned Counsel waives service of notice for respondents - claimants. Service complete.

VI) List the present appeals for final disposal on 05.04.2019.

VII) Call Record and Proceedings.

(P.R.BORA) JUDGE SPT