The Ex. Engineer, Irrigation Project Strengthening Div. Omerga And ORS v. Vishwanath Shankar Vibhute
ca 357.23+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.357/2021 IN FAST/21064/2020 THE EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING DIV. OMERGA AND ORS
VERSUS
GANESH V. VIGHUTE (DEAD) THROUGH LRS. RESHMA AND OTHERS.
...
AND CA/358/2021 IN FAST/21064/2020 AND CA/359/2021 IN FAST/21278/2020 AND CA/360/2021 IN FAST/21278/2020 ...
Advocate for Applicant : Mr. S.G.Bhalerao AGP for Respondents: Ms. P.V. Diggikar Advocate for Respondents : Mr. Khadap Rahul D & R.V.Naiknavare for R-1A and 1B ...
CORAM : S. G. CHAPALGAONKAR, J.
Dated: July 27, 2023 ...
PER COURT :- ORDER ON DELAY CONDONATION APPLICATIONS :- 1.
By these applications, the applicants/acquiring body seeks to condone the delay caused in filing the appeal challenging the judgment and award passed by the Reference Court. 2.
Mr. Bhalerao, learned counsel appearing for the applicants invites attention of this Court to the contents of paragraph nos.2 to 4 and submits that sufficient cause is made out to condone the delay. He submits that delay is caused on account of administrative reasons and the applicants have not derived any advantage by making such delay.
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ca 357.23+.odt 3.
Learned counsel appearing for the respondents, however, opposed the prayer stating that explanation cannot be construed as sufficient cause.
4.
Having considered the submissions advanced, it can be observed that the applicants/acquiring body is required to obtain various sanctions before filing the appeal. Time consumed for obtaining such sanction is explained in the applications. Therefore, sufficient cause is made out to condone the delay. Hence, the order.
O R D E R
I.
The applications for condonation of delay are allowed. ii.
The delay caused in filing the appeals is condoned. iii.
Civil applications for condonation of delay are disposed off. iv.
Appeals be registered.
Order on Stay applications :- .
Mr. Bhalerao, learned counsel appearing for the applicants submits that entire amount as per the award passed by the Reference Court is deposited and the condition imposed while granting interim stay has been complied with. Statement so made is not disputed by the respondent. In that view of the matter, Civil applications are allowed in terms of prayer clause '
A'
. Civil applications stand disposed off.
( S. G. CHAPALGAONKAR, J. ) ...
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