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Bombay High CourtCAF/601/2019delay condonatedrejected

Arvind Narayanrao Nirmal v. The Executive Engineer, Bembla Project Division, Yavatmal And Others

2021-01-12Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

923.F.A.ST.19597.2018.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.601 of 2019 IN First Appeal Stamp No.19597 of 2018 Arvind Narayanrao Nirmal Vs. The Executive Engineer & Ors. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

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

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri V.N. Patre, Advocate for the Appellant.

Shri M.A. Kadu, Advocate for Respondent No.1. Ms. T.H. Udeshi, AGP for Respondent Nos.2 and 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 12 th JANUARY, 2021.

The applicant herein has sought to condone the delay of 800 days in filing the appeal against the judgment and award dated 14th March, 2016 passed by the Reference Court in L.A.C. No.56/2012. 2.

It is stated that the applicant is an agriculturist and that due to financial conditions, he was unable to arrange for funds to prefer the appeal. He could file only after receipt of the amount of compensation on 6th July, 2018. Counsel for the applicant states that the applicant will not claim any interest for the delayed period i.e. from the date of the impugned judgment till the date of the application. 3.

In view of the reasons stated in paragraphs 3 and 4 of the application, the application is allowed. Delay is condoned. Appeal be registered subject to removal of office objections, if any. 4.

The delay condonation application stands disposed of in above terms.

5.

Shri M.A. Kadu, learned counsel waives service of notice on

923.F.A.ST.19597.2018.

2/2 behalf of the respondent No.1 and Ms. T.H. Udeshi, learned AGP waives service of notice on behalf of the respondent Nos.2 and 3. 6.

The matter be listed for admission after four weeks. (SMT. ANUJA PRABHUDESSAI, J.) vijay