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Bombay High CourtCA/219/2018delay condonatedrejected

Hanumant Jivaji Kale v. The State Of Maharashtra And ORS

2023-01-03Hon'Ble Shri Justice Sandipkumar C. More1 pages

(1) 954 CA-219.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO.219 OF 2018 IN FAST/26200/2017 HANUMANT JIVAJI KALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Abhijit More, Advocate for the applicant. Mr. B.V. Virdhe, A.G.P. for respondent Nos.1 and 3. Mr. Avishkar Shelke, Advocate for respondent No.2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

3rd January 2023.

ORDER:- 1.

Heard rival submissions. The applicant is seeking condonation of delay of 2076 days in filing the appeal which appears to be caused due to his financial crisis. The learned A.G.P. as well as learned Counsel for the Acquiring Body strongly opposed the application on the ground that there is also circulation delay. However, considering the statutory right of the applicant, the delay of 2076 days stands condoned subject to condition that the applicant shall not claim any interest for the aforesaid delay period and also for the delay in circulating the matter belatedly.

2.

The appeal be placed for admission after removal of office objections.

3.

The Civil Application is disposed of accordingly. (SANDIPKUMAR C. MORE, J.) vd_dhirde