Bhimrao Ramdasrao Nirval v. Ex. Engineer, Nimna Dhudhana Project Jalna And ORS

952-CA-4349-2021

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 952 CIVIL APPLICATION NO. 4349 OF 2021 IN FIRST APPEAL (ST) NO. 29978 OF 2019 BHIMRAO RAMDASRAO NIRVAL

VERSUS

EXECUTIVE ENGINEER NIMNA DHUDHANA PROJECT JALNA AND OTHERS ...

Mr. I.K. Wagh h/f. Mr. More Kumar Gaurav M. - Advocate for Applicant Mr. B.R. Survase - Advocate for Respondent No.1 Mr. B.V. Virdhe - AGP for Respondent Nos.2 and 3, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 11th July, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 1208 days, which appears to be caused due to his poor financial condition. The learned Counsel for acquiring body and the learned A.G.P. strongly opposed the application on the ground that, there is also circulation delay.

3.

However, considering the statutory right of the applicant Pooja K.

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952-CA-4349-2021 and for the reasons stated in the application, the application is allowed and the delay of 1208 days in this application stands condoned subject to condition that the applicant shall not claim any interest for the period of aforesaid delay and also for delay in circulating the matters belatedly. 4.

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

5.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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