Maha. State Power Generation Co.Ltd. Thr. Executive Engineer (C) Division No.Ii, Koradi v. Girdhar S/O Shamrao Khangarle And Another

cao1412 1413 1414 of 18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 1412 OF 2018 with CIVIL APPLICATION (CAO) NO. 1413 OF 2018 with CIVIL APPLICATION (CAO) NO. 1414 OF 2018 in CIVIL APPLICATION (CAF) NO. 1082 OF 2018 in FIRST APPEAL (STAMP) NO. 14561 OF 2017 (Maharashtra State Power Generation Co. Ltd. Vs. Girdhar s/o Shamrao Khangarle and anr.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri G. E. Moharir, Advocate for the applicant/appellant Ms. Shamsi Haidar, APP for the State/respondent no. 2 CORAM : M. G. GIRATKAR, J.

DATE : 11/06/2019 Heard Shri Moharir, learned Counsel for the applicant/appellant and learned AGP Ms. Shamsi Haidar for the State/respondent no.2.

None appears for the respondent no. 1. Legal hairs of deceased respondent no. 1 was not brought on record within limitation. The delay is of 93 days and the same is caused because fact of death of the respondent no. 1 was came to know after return of notice in the month of February, 2019 to the learned Counsel for the applicant/appellant. Thereafter, time was required to get necessary information about the legal heirs. Hence, there is delay. Delay is bonafide.

cao1412 1413 1414 of 18.odt Looking to the reasonable grounds mentioned in the applications, the applications are allowed. The delay is condoned. Abatement is set aside. Legal heirs of respondent no. 1 are to be brought on record within two weeks from today. The Applications are disposed of. JUDGE SMGate