Union Of India, Through General Manager, Central Railway, Cst Mumbai v. Shri Manohar Bajirao Pendam And Others

caf2065.19.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (F) No.2065/2019 in First Appeal St. No.6090/2019 Union of India, Mumbai and another V Manohar Pendam and others ************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

************************************************************************************* Mr. N.P. Lambat, Advocate, Advocate for applicants. Mr. M.A. Kadu, AGP for non-applicants no. 2 and 3. CORAM : ABHAY AHUJA, J.

DATE : 26-09-2022 Heard.

2.

By this application, the applicants are seeking condonation of delay of 69 days in filing the Appeal against the judgment and decree dated 02-01-2019 passed by the Joint Civil Judge, Senior Division, Wardha in Land Acquisition case No.71/2016, enhancing the compensation claimed by respondent no.1.

3.

Mr. Lambat, learned Counsel for the Railways draws attention of this Court to paragraphs 2 to 4 of the application in support of his contention to condone the delay. He submits that the Railway has a good case on merits and every possibility to succeed.

4.

Respondent no.1 though served is not represented. 5.

Mr. Kadu, learned AGP, has no objection for condonation of delay.

caf2065.19.

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Having heard the learned Counsel for the applicants and having perused the application, this Court is satisfied that there is sufficient cause made out for condonation of delay. 7.

The delay of 69 days in filing this Appeal is condoned. 8.

The Registry is directed to register the First Appeal within a period of two weeks.

9.

Application stands disposed.

First Appeal St. No.6090/2019 Heard.

2.

The Appellants are directed to serve the copy of the Memo of Appeal along with complete Annexures upon the respondents within a period of two weeks and file an affidavit of service with tangible proof in this Court by the next date. 3.

List the matter on 17-10-2022.

(Abhay Ahuja, J.) Deshmukh