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Bombay High CourtCA/6188/2021delay condonatedrejected

Ganesh Dnyanoba Thorve And ORS v. The State Of Maharashtra And ANR

2021-08-13Hon'Ble Shri Justice R. G. Avachat2 pages

1 933-ca-6189-2021+.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6189 OF 2021 IN FIRST APPEAL STAMP NO. 22621 OF 2019 Vishwas Kisanrao Dhakane and others ... Applicants

Versus

The State of Maharashtra and another ... Respondents AND C.A. NO. 6188 OF 2021 IN FIRST APPEAL (ST) NO. 22743 OF 2019 ....

Mr. R. G. Hange, Advocate for applicants Mr. S. N. Kendre, AGP for respondent No.1 ....

CORAM : R. G. AVACHAT, J.

DATED : 13th AUGUST, 2021 PER COURT :- .

In spite of service of notice, respondent No.2 has not marked his appearance.

2.

There is delay of 1363 days in preferring the appeal. The applicants are the original claimants. Learned AGP objects to grant the applications.

2 933-ca-6189-2021+.doc 3.

For the reasons given in the applications, the same are allowed in terms of prayer clause (B) on condition that the applicants-claimants shall not be entitled for component of interest, if any, on the delayed period of 1363 days.

4.

Appeal be registered.

5.

On registration of appeal, issue notice to the respondents, returnable on 8th October, 2021. 6.

Learned AGP waives service of notice on behalf of respondent No.1.

7.

Call record and proceedings.

[ R. G. AVACHAT, J. ] SMS