Nilkanth Venkatrao Patil v. The State Of Maharashtra And Another

CA-3348-2014+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3348 OF 2014 IN FIRST APPEAL (ST.) NO. 29207 OF 2013 Pralhad Dattaji Chavan .. Applicant

VERSUS

The State of Maharashtra and another .. Respondents AND CIVIL APPLICATION NO. 3349 OF 2014 IN FIRST APPEAL (ST.) NO. 29534 OF 2013 Nilkanth Venkatrao Patil .. Applicant

VERSUS

The State of Maharashtra and another .. Respondents ---- Mr. S.S. Halkude, Advocate for the applicants in both CAs. Mr. S.G. Sangle, AGP for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 06/01/2015 ORAL ORDER :

1.

Heard.

2.

Learned A.G.P. waives service for respondent no.2 in both the proceedings. The service is therefore complete.

3.

Learned counsel for the applicants submits that due to the mistake of the Advocate of misplacing of the relevant papers, the appeals could not be preferred

CA-3348-2014+ within time. Thereafter, fresh certified copies of the judgments and awards were collected and later-on, through another Advocate, the present appeals are preferred belatedly.

4.

Considering the submissions, in my view, sufficient cause is made out. Hence, the following order:- 5.

Delay caused in filing the appeals are hereby condoned on the condition that the appellants-applicants file an undertaking in this Court within eight (8) weeks from the date of this order, that they would not claim statutory interest for the delayed period in case any enhancement is granted in the present appeals. 6.

Upon failure to file undertaking as aforesaid within a period of eight weeks, the applications shall stand dismissed without any further reference to this Court.

7.

Both Civil Applications stand disposed of accordingly.

[M.T. JOSHI] JUDGE arp/