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Bombay High CourtCAF/1250/2015admittedallwdgrantedrule absolute

Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer v. Pradipkumar S/O Gurudasmal Lakhani And 2 Others

2019-01-22Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

910caf1250.15.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 1250/2015 IN FIRST APPEAL STAMP NO. 23332/2014 Maharashtra Industrial Development Corporation through its Chief Executive Officer Vs.

Pradipkumar Lakhani and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Sharad Thakare, counsel h/f Shri M.M. Agnihotri, counsel for the applicant/appellant.

Shri S.D.Sipurkar, AGP for the non-applicant/respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 22-01-2019.

Heard.

Shri Sharad Thakare, counsel holding for Shri M.M. Agnihotri, learned counsel for the applicant / appellant and Shri S.D. Sirpurkar, learned AGP for the nonapplicant / respondent Nos. 2 and 3. None appears for the non-applicant / respondent No.1.

Perused the application. There is a delay of 2399 days in filing first appeal. Learned counsel for the applicant / appellant has submitted that the delay is caused in filing the appeal is explained in para-12 of the application, therefore delay be condoned.

Considered the submissions of the learned counsel for the applicant / appellant and perused the

910caf1250.15.odt 2 application, I am of the view that the applicant/ appellant has explained the delay. The non-applicant / respondent No.1 has not controverted the same to the actual position. In view of the above facts and circumstances of the case, I am of the view that delay could be condoned in the interest of justice.

For the reasons stated in the application, delay is condoned. Civil application is allowed.

FIRST APPEAL STAMP NO. 23332/2014 Heard.

Admit.

Call for record and proceedings.

Shri S.D. Sirpurkar, learned AGP waive notice for the respondent Nos. 2 and 3.

JUDGE rkn