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Bombay High CourtCA/11131/2017disposed offdismissed for default

Ramdas Ravji Gawande v. The State Of Maharashtra And ANR

2017-08-31Hon'Ble Shri Justice K.L. Wadane8 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ...

908 CIVIL APPLICATION NO. 11131 OF 2017 IN FAST/28649/2017 WITH CA/11132/2017 IN FAST/28655/2017 WITH CA/11133/2017 IN FAST/28645/2017 WITH CA/11134/2017 IN FAST/28657/2017 WITH CA/11135/2017 IN FAST/28647/2017 WITH CA/11136/2017 IN FAST/28616/2017 WITH CA/11137/2017 IN FAST/28653/2017 RAMDAS RAVJI GAWANDE THE STATE OF MAHARASHTRA AND ANR 909 CIVIL APPLICATION NO. 11144 OF 2017 IN FAST/28693/2017 WITH CA/11145/2017 IN FAST/29066/2017 WITH CA/11146/2017 IN FAST/29071/2017 NAGRAJ LAXMAN KOLI 910 CIVIL APPLICATION NO. 11147 OF 2017 IN FAST/28889/2017 WITH CA/11148/2017 IN FAST/29084/2017 WITH CA/11149/2017 IN FAST/29079/2017 VIJAYSING NAVALSING PATIL 911 CIVIL APPLICATION NO.

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THE STATE OF MAHARASHTRA AND ANR 932 CIVIL APPLICATION NO. 11222 OF 2017 IN FAST/28661/2017 WITH CA/11223/2017 IN FAST/29174/2017 WITH CA/11224/2017 IN FAST/29188/2017 WITH CA/11225/2017 IN FAST/29170/2017 WITH CA/11226/2017 IN FAST/29172/2017 WITH CA/11227/2017 IN FAST/29184/2017 WITH CA/11228/2017 IN FAST/29186/2017 MADHUKAR BUDHA PATIL ...

Mr. Kale Ajeet B., Advocate for the Applicants/Appellants.

Mr. Dhongade S.D., Mrs. Vaishali Jadhav and Mrs. Chaitali Choudhari (Kutti) Advocate for respondents/acquiring body.

Mr. A.M. Phule, A.G.P. for the respondent State.

CORAM

: K. L. WADANE, J.

DATE :

31st August, 2017 ORDER:

1.

Notice to the respondents. Learned A.G.P. and learned counsel for acquiring body waive notice for the respective respondents.

2.

The applicant/s have filed these application/s for condonation of delay. Perused the contents of the applications. It appears that the applicant/s was/were prevented from certain causes such as financial constrain. Therefore, he/they was/were unable to prefer the appeal/s within prescribed period of limitation. 6/8

3.

Learned counsels appearing for the respondents have opposed the application, as the delay has not been explained satisfactorily.

4.

In view of the submissions made by the respective counsels and in view of the observations of Supreme Court in the case of Ramanlal Deochand Shah v/s. State of Maharashtra, and another, reported in AIR 2013 SC 3452, the application/s for condonation of delay is/are allowed. Delay caused in filing the appeal/s is hereby condoned. The applicant/s shall not be entitled for the amount of interest, other statutory benefits for the period for which the delay is sought to be condoned.

5.

In view of the above, the delay caused in filing the appeal/s is hereby condoned. Civil applications are accordingly disposed of.

6.

In first appeal/s issue notice to the respondents. Learned A.G.P. for respondent State/ Authority and learned counsel for acquiring body waive notice for respective respondents.

7.

Learned counsels for respective parties submit that the matter may be referred to Lok-Adalat scheduled 7/8

to be held on 09.09.2017.

8.

Keep all these matters before Lok-Adalat on 09.09.2017.

9.

Learned A.G.P. waives service of notice for respondent/State and learned counsel waives service of notice for respondent/acquiring body.

(K. L. WADANE, J.) mkd 8/8