Bombay High CourtCA/620/2017disposed offdismissed for default

The State Of Maharashtra v. Trimbak Hari Mind Deceased Thr His Lrs Bhausaheb And ORS

2017-04-07Hon'Ble Shri Justice V.K. Jadhav2 pages

*1* 998.ca.615.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 615 OF 2017 IN FAST/38934/2016 WITH CA/616/2017 IN FAST/38934/2016 WITH CA/617/2017 IN FAST/39066/2016 WITH CA/618/2017 IN FAST/39066/2016 WITH CA/619/2017 IN FAST/39063/2016 WITH CA/620/2017 IN FAST/39063/2016 THE STATE OF MAHARASHTRA

VERSUS

SHIVAJI MARUTI MIND ...

AGP for Applicant : Shri A.M.Phule.

Advocate for Respondents : Shri Gore Ravindra Vitthal. ...

CORAM: V.K. JADHAV, J.

DATE :- 07th April, 2017.

Per Court:

Insofar as the Civil Applications for condonation of delay are concerned, heard the learned AGP for the Applicant/ State and the learned counsel for the Respondent/ Claimant. The learned AGP submits that due to administrative difficulties, the appeals could not be preferred within a period of limitation.

The learned counsel for the Respondent has strongly resisted the applications on the ground that the delay has not been explained satisfactorily.

In view of the above submissions and for the reasons stated in the Civil Applications, delay of 667 days caused in filing the First Appeals

*2* 998.ca.615.17 is hereby condoned. The Civil Applications are allowed and accordingly, disposed of.

Heard in the Appeals. Issue notice in the Appeals to the Respondents, returnable on 28.06.2017. The learned counsel appearing for the Respondents waives notice.

Call for the record and proceedings.

Insofar as the Civil Applications for stay are concerned, pending the hearing and final disposal of the First Appeals, the execution, implementation and operation of the impugned judgments and awards under appeals is hereby stayed on the condition that the Applicant shall deposit the entire amount under the award with accrued interest thereon, in this Court within a period of 12 (twelve) weeks from today, failing which the order granting stay shall stand vacated automatically without further reference to the Court. The Civil Applications for stay are accordingly, disposed of.

(V.K. JADHAV, J.) KPS.