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Bombay High CourtCA/101/2022disposed off

Bapurao Gahininath Yeole And ORS v. The Union Of India Thr The Gm C.R. Mumbai And ORS

2023-04-21Hon'Ble Shri Justice Sandipkumar C. More2 pages

907-CA-101-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 101 OF 2022 IN FIRST APPEAL (ST) NO. 29462 OF 2021 BAPURAO GAHININATH YEOLE AND OTHERS

VERSUS

THE UNION OF INDIA THR THE GM C.R. MUMBAI AND OTHERS ...

Mr. K.D. Khade - Advocate for Applicants Mr. S.W. Munde - AGP for Respondent No.3 Mr. B.M. Dhanure - Advocate for Respondent Nos.1 and 2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 21st April, 2023 PER COURT :

1.

The learned counsel - Mr B.M. Dhanure waives service for respondent Nos.1 and 2.

2.

The learned A.G.P. waives service of notice for respondent No.3.

3.

Heard rival submissions.

4.

The applicants are seeking condonation of delay of 620 days, which appears to be caused due to their poor financial condition.

Pooja K.

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907-CA-101-2022 5.

The learned counsel for the respondent Nos.1 and 2 and learned A.G.P. strongly opposed the application on the ground that, delay is not properly explained.

6.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 620 days stands condoned, subject to condition that the applicants shall not claim any interest for the period of aforesaid delay. 7.

The appeal be placed for admission after removal of office objections, if any.

8.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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