V.I.D.C., Through Exe. Engineer, Amravati Project Construction Division, Amravati v. Dinesh S/O Bhimrao Thakare And Others

42 CAF-916-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (F) NO.916 OF 2023 IN FIRST APPEAL (ST) NO.21740 OF 2022 [V.I.D.C. and Anr. ..V/s.. Dinesh S/o Bhimrao Thakare and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr V. Rathi, Adv. h/f Mr P. Patil, Advocate for Applicants/Appellants. Mr A. P. Khadatkar, Advocate for Respondent No.1. Mr K. L. Dharmadhikari, AGP for Respondent Nos.2 and 3. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 4 th MAY, 3 .

.

By this application, the applicants/appellants are seeking condonation of delay of 136 days, which is caused in preferring the appeal.

2.

As per the contention of the appellants, the appellants are Statutory Body, who have to obtain the necessary approvals from the Higher Official, wherein the time was consumed, and therefore, the delay is caused in preferring the appeal. 3.

Learned Assistant Government Pleader appearing for respondent Nos.2 and 3 has no objection for condonation of delay. Learned Advocate Mr Khadatkar holding for Mr Deshpande for respondent No.1 raised objection that the delay is not properly explained.

4.

Heard both the sides. Perused the application. Considering the reasons mentioned in the application, the delay of 136 days caused in preferring the appeal appears to be just and reasonable, and therefore, the delay deserves to be condoned. 5.

In view of the above, the application is allowed and the TAMBE

42 CAF-916-2023 delay of 136 days is hereby condoned. The appeal be registered and numbered accordingly.

6.

The civil application is disposed of.

FIRST APPEAL (ST) NO.21740 OF 2022 7.

Heard.

8.

Learned Advocate Mr Khadatkar holding for Mr Deshpande waives notice for respondent No.1 and Mr Dharmadhikari, learned AGP waives notice for respondent Nos.2 and 3.

9.

Appellants to file the private paper-book within ten weeks, after receipt of record and proceedings. 10.

Appeal be placed before the Court for final disposal, after filing of paper-book and its verification, as per its own turn.

JUDGE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE