Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Sawairam Lashkar Rathod And Others

30caf1130.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1130/2020 IN FIRST APPEAL STAMP NO. 12428/2019 Executive Engineer V/s Sawairam Rathod and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms I.P.Khisti, counsel for the appellant /applicant. Mr N.Z. Mirza, counsel for the respondent No.1. Ms T.H. Udeshi, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 03 /0 3 / 202 3.

1.

By preferring this application, the applicant has preferred this application for condonation of delay. 2.

As per the contention of the applicant, the impugned judgment is pronounced on 18/04/2017. The appellant has received the certified copy on 03/07/2017. Thereafter, they have to obtain the legal opinion from their superior, wherein the time was consumed and therefore, delay of 629 days is caused in preferring the appeal. Delay is not an intentional one. Hence, delay be condoned. 3.

The application is strongly opposed by the learned counsel Mr N.Z. Mirza for the respondent No.1. 4.

Ms T.H. Udeshi, learned AGP for the respondent Nos. 2 and 3 has no objection for the same. 5.

Considering the reasons mentioned in the application the appellant has to take necessary approvals rkn

30caf1130.2020.odt from the superiors. There is sufficient and reasonable cause for the condonation of delay. In view of the reasons mentioned in the application, the delay is condoned. Appeal be registered.

First Appeal St. No 12428/2019 1.

Heard.

2.

Admit.

3.

Call for record and proceedings.

4.

Appellant to file private paper-book within a period of ten weeks after receipt of record and proceedings. 5.

Place the matter before the Court after private paper book is filed and its verification for final hearing, as per its own turn.

JUDGE Signed By:RAJESH K NANDURKAR rkn