Chandrakant Ambadasrao Jadhav v. The State Of Maharashtra And ANR

1 42-CA-11866-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11866 OF 2016 IN FIRST APPEAL STAMP NO. 23090 OF 2016 Chandrakant Ambadasrao Jadhav and others ... Applicants

Versus

Maharashtra Industrial Development Through Regional Manager at Latur.

... Respondents ...

Mr. Amit S. Deshpande, Advocate for applicants Mr. G.S.Khaire h/f. Mr. S.S.Dande, Advocate for respondent No.1 Mr. A. M. Phule, AGP for respondent No.2 State. ...

CORAM : SUNIL P. DESHMUKH, J.

DATED : 19th MARCH, 2018.

Order :- 1.

Leave to amend.

2.

Heard learned counsel for appearing parties.

3.

Learned counsel are ad-idem that in respect of delay in preferring the first appeal against judgment in present matter, there were several applications filed on behalf of few claimants and their applications for condonation of delay of similar magnitude have been granted by division bench of this Court on 15th April, 2016 in civil application No. 2769 of 2016 in First Appeal Stamp No. 37719 of 2015 and connected matters. 4.

In the circumstances, learned counsel submits that considering above, present application deserves to be allowed on parity.

2 42-CA-11866-16 5.

Respondents are not in a position to distinguish the situation. As such, for the reasons referred to in order dated 15th April, 2016 in civil application No. 2769 of 2016 in First Appeal Stamp No. 37719 of 2015 and connected civil applications, present application can be allowed. 6.

Learned counsel for applicants, on instructions, states that applicants would file undertakings stating that they would not claim interest for the delayed period.

7.

In the circumstances, civil application is allowed in terms of prayer clause 'B' and is disposed of.

8.

The delay is condoned with similar rider under order dated 15th April, 2016 passed in civil application No. 2769 of 2016 in First Appeal Stamp No. 37719 of 2015 and companion matters. [ SUNIL P. DESHMUKH ] JUDGE MTK.