Venkat Nivrati Bansode (Died) Thr Lrs Anita And ORS v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13489 OF 2018 IN FIRST APPEAL (STAMP) NO.31099 OF 2018 (Venkat Nivrati Bansode (Died) through L.Rs. Anita and others Vs. The State of Maharashtra and others) AND CIVIL APPLICATION NO.13490 OF 2018 IN FIRST APPEAL (STAMP) NO.31207 OF 2018 (Pratibha Balasaheb Chate and another Vs. The State of Maharashtra and others) ---- Mr. N.D. Kendre, Advocate for the applicants Mr. S.P. Deshmukh, A.G.P. for the respondent/State Mr. S.C. Arora, Advocate for respondent No.3 in Civil Application No.13489/2018 Smt. Sunita D. Shelke, Advocate for respondent No.3 in Civil Application No.13490/2018 ---- CORAM :

SUNIL K. KOTWAL, J.

DATE :

5nd APRIL, 2019 ORDER :

Heard learned counsel for the applicants, learned A.G.P. for respondent Nos.1 and 2 and learned counsel for respondent No.3.

2.

The delay of 583 days is condoned for the reasons stated in the applications, subject to condition that the applicants shall file written

ca13489-2018+ undertaking in respective First Appeals regarding waiver of statutory benefits for the period of delay. The Civil Application is accordingly allowed and disposed of. First Appeal (Stamp) Nos.31099/2018 and 31207/2018 be registered.

3.

Upon registration of First Appeals, issue notices to the respondents. Learned A.G.P. Waives service of notice for respondent Nos.1 and 2. Learned counsel Mr. S.C. Arora waives service of notice for respondent No.3 in First Appeal (St.) No.31099/2018 and learned counsel Smt. Sunita D. Shelke waives service of notice for respondent No.3 in First Appeal (St.) No.31207/2018.

4.

Record and proceedings be called.

Stand over to 5th July, 2019.

[SUNIL K. KOTWAL] JUDGE npj/ca13489-2018+