The Maharashtra State Industrial Development Corporation v. Gulab Rabhaji Dalvi And ANR

2025:BHC-AUG:10284 14-CA.14763-11.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 CIVIL APPLICATION NO. 14763 OF 2011 IN FAST/30253/2011 THE MAHARASHTRA STATE INDUSTRIAL DEVELOPMENT CORPORATION

VERSUS

GULAB RABHAJI DALVI AND ANR ...

Advocate for Applicant : Mr. Dande Shrirang S. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 07.04.2025 PER COURT :- 1.

The applicant is praying for condonation of delay of 794 days in preferring the appeal challenging judgment and award dated 23.06.2009 passed in LAR No.70 of 2000. 2.

Learned counsel Mr. Dande appearing for the applicant submits that the delay is not intentional and it is caused due to the reasons mentioned in paragraph Nos.2 to 9. He submits that these are good grounds to condone the delay as the applicant has very home of success in the first appeal. It is further submitted that similarly situated appeals are awaiting final disposal on merits.

3.

Though respondent No.1/claimant is served, none appears on his behalf.

14-CA.14763-11.odt 4.

I have gone through the contents of paragraphs Nos.2 to

9. There is no reason to doubt the explanation tendered by the applicant for condoning the delay. I do not find that there are any malafides on the part of the applicant. It is desirable to hear the first appeal on merits. I am inclined to condone the delay.

5.

Civil application is allowed in terms of prayer clause "A" on condition of depositing Rs.2,000/- to the Bar Association, High Court, Aurangabad to be utilized for Day Care Center. 6.

Office is directed to register First Appeal.

(SHAILESH P. BRAHME, J.) ...

vmk/-