The State Of Maharashtra And ORS v. Rajkumar Pandhari Chole And ORS

2024:BHC-AUG:10590 ( 1 ) ca15115.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 15115 OF 2023 WITH FAST/33930/2023 THE STATE OF MAHARASHTRA AND ORS

VERSUS

RAJKUMAR PANDHARI CHOLE AND ORS Smt. M.N. Ghanekar, AGP for the applicant/State.

CORAM

: KISHORE C. SANT, J.

DATED : 12.06.2024 PC :- 01.

This application is filed by the State for condonation of delay of 3290 days caused in filing the appeal. Inspite of service, none appears for the respondents.

02.

Heard learned AGP for the applicant/State. It is stated in the application that the impugned judgment and award was passed on 17.07.2014. There was no immediate knowledge to the State Government. The certified copy was applied on 10.02.2015 and the same was ready for delivery on 27.02.2015 and on the same day it is collected. Thereafter, the concerned Government Pleader was approached for legal opinion. After his opinion proposal was sent to the Law and Judiciary Department, Aurangabad and thereafter proposal was considered and sanction was granted. For this reason, some time was consumed in verifying the position. After verification the Law and Judiciary Department decided to file the appeal. The instructions

( 2 ) ca15115.23 were received by the office of the Government Pleader on 08.04.2022. Thereafter, the appeal was filed. In this process, the delay is caused. 03.

Thus, the learned AGP submits that the delay is unintentional and it is caused because of the reasons stated above. 04.

Considering the above, this Court is inclined to allow the application. Therefore, the application is allowed. The delay is condoned. 05.

The First Appeal be registered.

06.

After registration of the First Appeal, issue notice to the respondents returnable after six weeks.

[KISHORE C. SANT, J.] snk/2024/JUNE24/ca15115.23