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Bombay High CourtCAF/1888/2014admittedallwdgrantedrule absolute

Executive Engineer (Vidc), Minor Irrigation Division, Washim v. Shri Ramrao Sadashiv Thakare And Others

2015-07-29Hon'Ble Shri Justice A.P. Bhangale2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CAF No. 1888 of 2014 In FA (St) No. 9076/14 EE vs. Ramrao and ors _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr A.V. Palshikar, Adv for applicant Mr J.B. Gandhi, Adv for respdt no.1 Mr M. Ekre, AGP for R-2, 3 CORAM : A. P. BHANGALE, J DATED : 29th July 2015 1.

Heard learned counsel for the parties.

There is delay of 1616 days caused in filing First Appeal. Learned counsel for respondent no. 1 states that delay is unexplained and should not be condoned. 2.

I have perused the application. It is stated on oath by the Executive Engineer, Minor Irrigation Division that time was consumed in obtaining opinion from the Law & Judiciary Department and legal advisor of VIDC and Executive Director. It is also stated on oath that time was consumed in arranging for payment of court fees as in all 57 cases court fee was to be arranged.

3.

For the reasons stated in the application, delay appears to be neither deliberate nor intentional and deserves to be condoned in the larger interest of justice. However, that will be subject to payment of

costs.

4.

Delay is condoned subject to payment of costs of Rs. 10,000/- to be deposited by the applicant in this Court as a condition precedent. If costs are deposited, the same shall be made over to respondent no. 1. Application disposed of accordingly.

JUDGE joshi