M.K.V.D.C., Ltd., Thr Ex. Engineer, Irrigation Department Strengthening Div. Omerga v. Prabhawati Dattu Dixit (Died) Thr Lrs Vitthal And ORS

928 ca.12871.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

928 CIVIL APPLICATION NO.12871 OF 2021 IN FAST/22799/2020 M.K.V.D.C., LTD., THR EX. ENGINEER, IRRIGATION DEPARTMENT STRENGTHENING DIV. OMERGA

VERSUS

PRABHAWATI DATTU DIXIT (DIED) THR. LRS VITTHAL AND OTHERS ...

Advocate for Applicant : Mr. Avishkar S. Shelke. AGP for Respondent Nos.2 & 3 : Mr. A. B. Chate. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

03rd March, 2022.

P.C.:

.

Mr. Shelke, learned counsel for appellant undertakes to remove office objections within four weeks. His undertaking is accepted. It is an application for condonation of delay moved by the applicant. There seems to be delay of 999 days in preferring the appeal.

Heard Mr. Shelke, learned counsel for applicant and Mr. Chate, learned AGP for respondent Nos.2 and 3.

Respondent No.1/original claimant though duly served with notice, remained absent when the matter is called out.

928 ca.12871.21.odt For the reasons stated in the application for condonation of delay, more particularly paragraphs 4 and 5 and looking to the nature of dispute, it is necessary to condone the delay in the interest of justice. Hence, the following order is passed:

O R D E R

I.

The application is hereby allowed in terms of prayer clauses (A) and (B).

II.

The Registry to make scrutiny of the appeal as per the procedure and it be numbered and placed before the Court for admission.

III.

The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] nga