Union Of India v. M/S Prathmesh Engineers And ANR
2024:BHC-AUG:6746
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 44 CIVIL APPLICATION NO. 13262 OF 2011 IN ARBAST/25083/2011 UNION OF INDIA
VERSUS
M/S PRATHMESH ENGINEERS AND ANR ...
Advocate for Applicant : Mr. Rahul B. Bagul None present for the respondents.
...
WITH CIVIL APPLICATION NO. 13263 OF 2011 IN ARBAST/25083/2011 ....
CORAM : ARUN R. PEDNEKER, J.
Dated : March 26, 2024 PER COURT :- 1.
The arbitration appeal is filed along with the application for condonation of delay of 69 days caused in filing the appeal. Although the respondents are served, on the last occasion on 06/02/2024 when this matter was listed, none was present for the parties. Thereafter, when the matter was listed on 05/03/2024, none was present for the respondent. Today also none appeared for the respondents. The appeal is pending since long.
2.
The reasons given in paragraph No.2 of the application, for the delay are that the impugned order was passed on 20/04/2011 and copies received to them on 06/05/2011. Thereafter, the matter referred to Standing government Counsel for Union of India, Ahmednagar for opinion and further action. The applicant/appellant advised to challenge the impugned order before this Court. However, the applicant was advised that since the appeal lies before this Court, the applicant should also take opinion of Ministry of Law and Justice. Then the matter was referred to
44 CA 13262-2011 Senior Government Advocate, Ministry of Law and Justice who advised the applicant to file the appeal in this Court, and for the said purpose appointed the Panel Counsel for drafting the appeal challenging the impugned order of Principal District Judge, Ahmednagar. Therefore, the delay is caused in filing the appeal.
3.
The reasons are administrative in nature. Since the delay is not very large and of 69 days, occurred on administrative grounds, the application for condonation of delay stands allowed. Delay stands condoned. Application stands disposed of.
4.
List the appeal for admission hearing on 23/04/2024. ( ARUN R. PEDNEKER, J. ) vj gawade/-.