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Bombay High CourtCA/12840/2019disposed off

National Highways Authority Of India, Project Implementation Unit, Dhule Reptd By Its Proj. Directo v. Rajendra Uttamchand Katariya And Another

2024-04-23Hon'Ble Shri Justice Arun R. Pedneker2 pages

2024:BHC-AUG:8880 12840.19CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 12840 OF 2019 IN ARBAST/25969/2019 NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, DHULE

VERSUS

RAJENDRA UTTAMCHAND KATARIYA AND ANOTHER ...

Advocate for Applicant : Adv.D.P.Madkar h/f.

Adv.D.S.Manorkar ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 23.04.2024 P.C. :

1] Through the respondent is served, none has entered appearance on behalf of the respondent. 2] The present Civil Application is filed to condone delay of 43 days in filing the Arbitration Appeal. 3] The learned counsel for the applicant submits that the office of applicant requires administrative approval for every important decision to be taken, thus in pursuance to obtain approval for challenging the impugned order before appellate forum the communication dated 14.05.2019 was sent to the Regional Office of NHAI at Nagpur. The learned counsel for the applicant submits in the process, the delay is caused in filing the present appeal

12840.19CA and the same is not intentional and deliberate act. Considering the said fact, the present civil application may be allowed.

4] For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Appeal be registered. Civil Application is disposed of accordingly. 5] List the Appeal for admission hearing on 25.06.2024.

[ARUN R. PEDNEKER] JUDGE DDC