Vishwas S/O Keshav Nahle v. The State Of Maharashtra Thr. Collector, Wardha And Others

Order 34CAF1436.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1436/2020 IN FIRST APPEAL (St) NO. 9687/2020 Shri Vishwas S/o. Keshav Nalhe -VERSUSThe State of Maharashtra & Ors.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar'

s orders.

Shri S. N. Bhattad, Advocate for applicant.

Ms. S. Haider, AGP for respondent Nos. 1 and 2. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 11.01. 2021.

The applicant has sought condonation of delay of 339 days in filing the appeal. Respondents have contested the application on the ground that no sufficient cause is shown for condoning the delay. 2.

I have perused the record and considered the argument advanced by the learned counsel for applicant. The applicant has sought to condone the delay mainly on the ground of (i) sickness arising out of old age (ii) that he was unable to contact in view of lock down due to COVID 19 pandemic his Advocate. (iii) the applicant could not arrange the money required for Court Fees.

Order 34CAF1436.20 3.

The grounds stated in the applicant, in my considered view constitute sufficient cause to condone the delay. Under such circumstances, the application is allowed. Delay is condoned.

4.

Appeal be registered after removing office objection, if any.

5.

After registration of appeal, the same be listed on 01.02.2021 for admission.

(SMT. ANUJA PRABHUDESSAI, J.) Gohane.