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Bombay High CourtCA/741/2014admittedallowedgrantedrule absolute

Vikramsingh Dattusing Chavan And Others v. The State Of Maharashtra And Others

2015-02-27Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

CA/741/2014

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 741 OF 2014 IN WP/1152/1993 VIKRAMSINGH DATTUSING CHAVAN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Shri Joshi H.A.h/f Shri Deshmukh Pradeep AGP for Respondents: Shri Korde D.R.

Advocate for Respondents 3 & 5 : Shri Mote U.S. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: February 27, 2015 ...

PER COURT :- 1.

The applicants seek leave to be brought on record as the legal representatives of petitioner No.12, who has passed away on 2.8.2007. 2.

Delay caused in filing the Civil Application is of 2161 days. The applicants have explained the reasons in the Civil Application and it is submitted that the doors of the Court would be closed on the applicants, if the delay is not condoned and they are not permitted to be brought on record.

3.

Learned AGP on behalf of the State and Shri Mote, learned Advocate on behalf of respondents 3 and 5 have strongly opposed the application. 4.

Considering the submissions of the learned Advocates and for the reasons set out in the application, the delay of 2161 days is condoned, subject to the applicants depositing costs of Rs.7500/- (Rs. Seven Thousand

CA/741/2014 Five Hundred only/-). Learned Advocates for the respondents have graciously agreed to donate the said amount to the Bar Library of the Advocates' Association of the Bombay High Court, Bench at Aurangabad. As such, the applicants shall deposit the said amount with the Bar Library of the Advocates' Association of the Bombay High Court, Bench at Aurangabad within a period of four weeks from today.

5.

The Civil Application is therefore, allowed and the petitioners shall carry out the addition within the period of six weeks from today. Needless to state, if either of the directions are not complied with, this order shall stand recalled and the Civil Application shall stand rejected. ( RAVINDRA V. GHUGE, J. ) ...

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