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Bombay High CourtCA/16330/2015disposed offdismissed for default

The State Of Maharashtra And Others v. Baburao Nagappa Padsalge

2017-07-21Hon'Ble Shri Justice V.K. Jadhav2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1032 CIVIL APPLICATION NO. 16329 OF 2015 IN FAST/33633/2015 WITH CA/16330/2015 IN FAST/33633/2015 WITH CA/16331/2015 IN FAST/33766/2015 WITH CA/16332/2015 IN FAST/33766/2015 WITH CA/16333/2015 IN FAST/33769/2015 WITH CA/16334/2015 IN FAST/33769/2015 WITH CA/16335/2015 IN FAST/33754/2015 WITH CA/16336/2015 IN FAST/33754/2015 WITH CA/16339/2015 IN FAST/33762/2015 WITH CA/16340/2015 IN FAST/33762/2015 THE STATE OF MAHARASHTRA AD OTHERS

VERSUS

BABURAO NAGAPPA PADSALGE ...

Advocate for Applicant : Mr A M Phule AGP for Respondents: Mr L C Patil ...

CORAM : V.K. JADHAV, J.

Dated: July 21, 2017 ...

PER COURT :- 1.

Heard.

2.

Learned AGP submits that due to some administrative difficulties, the appeal could not be preferred within the period of limitation. Delay is not intentional one and the applicant State is prevented from sufficient cause to prefer an appeal within limitation.

3.

Learned counsel for respondent submits that, respondent-claimant has no objection if the delay is condoned. Learned counsel for respondents claimants submits that, in the applications arising from the same aaa/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD award, this Court has condoned the delay in the appeals preferred by the State.

4.

In view of the above submissions and for the reasons stated in the application, delay caused in filing the appeal is hereby condoned. Civil applications are accordingly allowed and disposed of.

5.

In appeal, issue notice to the respondents. Learned counsel waives notice for respondent. Call Record and Proceeding.

6.

Heard learned counsel for the applicant on stay applications. The applicant is ready to deposit the entire amount under the award within 12 (Twelve) weeks from today. Thus, the effect, execution and implementation of the impugned judgment and award is hereby stayed on the condition that, the applicant shall deposit the entire amount covered under award alongwith interest, within 12 (Twelve) weeks from today, in this court, failing which, stay granted by this order, shall stand vacated automatically without further reference to the Court.

7.

Civil applications for stay accordingly disposed of. ( V.K. JADHAV, J. ) ...

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