The State Of Maharashtra And Another v. Jyoti Kishan Chandawad And Others

918 ca 16610.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 16610 OF 2015 IN FAST/35325/2015 WITH CA/16612/2015 IN FAST/35325/2015 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

JYOTI KISHAN CHANDAWAD AND OTHERS ...

Advocate for Applicants : S.P. Sonpawle Advocate for Respondents : V.g.sakolkar & H.b.nandagavale For R/1,2,4 To 6.

...

CORAM : V.K. JADHAV, J.

DATE : 10-02-2017.

P.C. :

1.

The learned counsel appears for respondent no.3. 2.

The operation, implementation and execution of the impugned judgment and award is hereby stayed on the condition that the applicants shall deposit entire amount under award in this Court, within a period of 12 weeks from today, failing which this order granting stay shall stand vacated automatically without reference to this Court. Civil application is accordingly disposed of. 3.

Heard both the sides. The learned A.G.P. submits that due to administrative difficulties the appeal could not be filed within limitation and therefore the delay of 370 days has occurred in filing the appeal. The learned counsel for the respondents has strongly resisted the application. In view of the above submission and for the reasons stated in the civil application, delay of 370 days caused

918 ca 16610.15.odt in filing the first appeal is hereby condoned. Civil application is allowed and accordingly disposed of.

4.

Heard. Issue notice to the respondents, returnable on 10.03.2017. Learned counsel Shri V.G. Sakolkar, waives for respondent nos. 1 to 6 original claimants. Call for record and proceedings.

(V.K. JADHAV) JUDGE mub