V.I.D.C. Through Executive Engineer, Bembla Irrigation Division, Yavatmal And Another v. Dharamraj Sharadchandra Gawande And Others

29 CAF-1620-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (F) NO.1620 OF 2020 IN FIRST APPEAL (ST) NO.5755 OF 2018 [Vidarbha Irrigation Development Corporation and Anr. ..V/s.. Dharamraj Sharadchandrao Gawande 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 V. Dahat, Adv. h/f Mr J. B. Kasat, Advocate for Appellant. Ms A. N. Kashikar, Adv. h/f Mr P. M. Pande, 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 296 days, which is caused in preferring the appeal on the ground that the appellants are the Statutory Body, who have to obtain necessary approval before preferring the appeal. As the approval was not received from the Higher Official within time, therefore the delay of 296 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 appellants are a Statutory Body, who have 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 TAMBE

29 CAF-1620-2020 296 days is hereby condoned. Appeal be registered and numbered accordingly.

5.

The civil application is disposed of.

FIRST APPEAL (ST) NO.5755 OF 2018.

6.

Heard.

7.

Admit.

8.

Ms Kashikar h/f Mr Pande, 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.

Appellants 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