Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Canal Division, Yavatmal v. Gulab Harbaji Chaudhary And Others

30 CAF-406-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.406 OF 2021 IN FIRST APPEAL (ST) NO.4522 OF 2020 [Vidarbha Irrigation Development Corporation ..V/s.. Gulab Harbaji Chaudhary and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr H. D. Marathe, Advocate for Appellant.

Mr V. D. Darne, Advocate for Respondent No.1. Ms T. H. Udeshi, AGP for Respondent Nos.2 and 3. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 25 th APRIL, 3 .

.

Present application is for seeking condonation of delay of 60 days, which is caused in preferring the appeal on the ground that the appellant is the Statutory Body, who has to obtain necessary approval before preferring the appeal. As the approval was not received from the Higher Official within time, therefore the delay of 60 days is caused in preferring the appeal. 2.

The said application is strongly opposed by respondent No.1 on the ground that delay is not properly explained. Learned Assistant Government Pleader has no objection for condonation of delay.

3.

Considering the appellant is a Statutory Body, who has to obtain the necessary approval from the Higher Official before preferring the appeal and as approval was not received within time, the delay is caused appears to be just and reasonable one for condonation of delay.

4.

In view of the above, application is allowed and delay of 60 TAMBE

30 CAF-406-2021 days is hereby condoned. Appeal be registered and numbered accordingly.

5.

The civil application is disposed of.

FIRST APPEAL (ST) NO.4522 OF 2020.

6.

Heard.

7.

Admit.

8.

Mr Darne, learned Advocate waives notice for respondent No.1 and Ms Udeshi, learned AGP waives notice for respondent Nos.2 and 3.

9.

Call for Record and Proceedings.

10.

Appellant to file the private paper-book within eight weeks, after receipt of record and proceedings. 11.

Appeal be placed before the Court for final hearing, after filing of paper-book and its verification, as per its own turn. JUDGE.

ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE