The G.M.I.D.C., Thr Its Ex. Engineer, Lift Irrigation Division, Osmanabad v. Somnath Dnyanoba Sontakke And ORS

(1) 944-ca-11190-2019 Delay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11190 OF 2019 IN FAST/27114/2018 THE G.M.I.D.C., THR ITS EX. ENGINEER, LIFT IRRIGATION DIVISION, OSMANABAD VS SOMNATH DNYANOBA SONTAKKE AND ORS ...

Mr. H. T. Gaikwad, Advocate for the Applicants. Mr. A. B. Chate, AGP for Respondents-State.

Mr. V. V. Ingale, Advocate for Respondent No.1. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 04th AUGUST, 2023.

PER COURT:- 1.

By this application, the applicant seeks to condone the delay of 1152 days caused in filing the appeal assailing the award passed by the Reference Court.

2.

The learned Advocate appearing for the applicant submits that the delay has been occasioned on account of administrative and procedural reasons, which are specified in the application. It is submitted that the delay is unintentional and the applicant has not derived any disadvantage. He invites attention of this Court to paragraph no.2 of the application and submits that sufficient cause is made out to condone the delay. 3.

The learned Advocate appearing for the respondents opposes the application on the ground that no sufficient cause is made out.

(2) 944-ca-11190-2019 Delay 4.

Having considered the submissions advanced, it can be gathered that the Acquiring Body requires to take various steps for getting administrative sanction and also requires to comply procedural aspects. Apparently, the time consumed is on account of the aforesaid compliance. In that view of the matter, sufficient cause is made out to condone the delay. Hence, the following order:-

ORDER

a.

Civil Application is allowed.

b.

Delay of 1152 days caused in filing the appeal is condoned. c.

Appeal be registered.

d.

Civil Application is disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2023