V.I.D.C., Corporation, Thr. Exe. Engineer, Lower Wardha Project Division, Wardha v. Prakash Sundarlal Kela And Others

2024:BHC-NAG:8201 12-CAF 722-23 in FAst 2718-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 722 OF 2023 IN FIRST APPEAL (ST) NO. 2718 OF 2023 V.I.D.C., CORPORATION, THR. EXE. ENGINEER, LOWER WARDHA PROJECT DIVISION, WARDHA -Vs. - PRAKASH SUNDARLAL KELA AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri P.A. Gupta, Advocate h/f. Ms. Ashwini S. Athalye, Advocate for appellant/applicant.

Shri MA. Kadu, AGP for respondents/State.

CORAM : SANJAY A. DESHMUKH , J.

DATED : 29/07/ This is an application for condonation of delay. 2.

Perused the application.

3.

Heard learned counsel for both the sides.

4.

The learned AGP has strong objection to allow the present application.

5.

There is delay of 216 days in filing the First Appeal. Considering the reasons stated in the application, the application deserves to be allowed in the interest of justice. As such, the application is allowed. Delay in filing First Appeal is hereby condoned.

6.

Registry is directed to register the First Appeal.

12-CAF 722-23 in FAst 2718-23.odt 7.

Accordingly, the application stands disposed of. FIRST APPEAL (ST) NO. 2718 OF 2023 8.

Issue notice to the respondents, returnable after seeks weeks.

9.

Shri M.A. Kadu, learned AGP waives notice for respondent nos. 2 and 3/State.

10.

Call R & P.

(SANJAY A. DESHMUKH, J.) B.T. Khapekar