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Bombay High CourtCA/6743/2018delay condonatedrejected

Nivrutti Trimbakrao Sanap And ANR v. The State Of Maharashtra

2021-10-25Hon'Ble Shri Justice R. G. Avachat2 pages

5-ca-6743-2018.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6743 OF 2018 IN FIRST APPEAL STAMP NO. 41871 OF 2017 Nivrutti Trimbakrao Sanap ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. D. R. Jayabhar, Advocate for applicant Mr. S. N. Kendre, AGP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 25th OCTOBER, 2021 PER COURT :- .

Heard.

2.

There is delay of 4544 days in preferring the appeal. Learned Advocate, however, informs that in connected matters delay has been condoned. In view of the same, the application is allowed in terms of prayer clause (B), provided that the applicant shall not be entitled for interest for the delayed period of 4544 days, so also the delay of little over four years in seeking circulation of this application, minus the period of one year of pandemic.

(( 2 )) 5-ca-6743-2018 3.

Appeal be registered.

4.

On registration of appeal, issue notice to the respondent, returnable on 10th January, 2022.

5.

Learned AGP waives service of notice on behalf of the respondent - State.

6.

Call record and proceedings.

[ R. G. AVACHAT, J. ] SMS