The State Of Mah v. Nana Natha Chaudhari

1 CA12935/12 & Ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 12935 OF 2012 IN FAST/24508/2012 THE STATE OF MAHARASHTRA

VERSUS

SHANTABAI SUKHADEO RAJDEO WITH CA/12937/2012 IN FAST/24560/2012 THE STATE OF MAHARASHTRA

VERSUS

VISHNU RAMBHAU ANGRE AND ANR WITH WITH CA/12943/2012 IN FAST/24551/2012 THE STATE OF MAHARASHTRA

VERSUS

NANA NATHA CHAUDHARY ...

Advocate for Applicant/State: Mr. S.R. Yadav ...

CORAM : K.K. SONAWANE, J.

DATE : 22nd September, 2017 PER COURT :

1.

Heard learned A.G.P. for the applicants/ State. Despite service of notice, none appears for the respondents­original claimants. Perused the application.

2.

There is delay of 258 days for filing First Appeal in each application. Learned A.G.P. submits

2 CA12935/12 & Ors.

that the delay caused in filing the Appeals against the impugned Judgment and Award is not intentional or deliberate, but it caused due to compliance of official process.

3.

Considering the argument advanced on behalf of the applicants­appellants, I do not find any impediment to condone the delay caused in filing first appeals in the interest of justice. Hence, the applications stand allowed in terms of prayer clause 'B'. In view of this, the delay caused in filing the First Appeals is hereby condoned.

4.

Registry to take requisite steps for further process.

5.

Re­issue notice to the respondents, returnable on 1st November, 2017.

6.

Record and proceedings has already been received to this Court.

3 CA12935/12 & Ors.

7.

After compliance of the proper formalities, keep the appeals for hearing at the stage of admission, on 1st November, 2017.

( K.K. SONAWANE, J. ) SRM/22/9/17