Bombay High CourtMCA/82/2017disposed of

Mr. Joao Martin Fernandes @ Martin Fernandes., v. The Union Of India, Thr. The Ministry Of Defense And ANR.,

2017-04-12Hon'Ble Shri Justice M. S. Sonak2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 82 OF 2017 IN WRIT PETITION NO. 1167 OF 2016 MR. JOAO MARTIN FERNANDES @ MARTIN FERNANDES., ... Applicant

Versus

THE UNION OF INDIA, THR. THE MINISTRY OF DEFENSE AND ANR., ... Respondents Shri N. Costa Frias, Advocate for the applicant. Coram:- M. S. SONAK, J.

Date:- 12th April, 2017 P.C.

On 30.1.2017, matter was adjourned as the Central Government Standing Counsel applied two weeks time to file reply. Till date no reply has been filed.

2. There is delay of 377 days in instituting this appeal. Reasons set out in the Civil Application is that initially, as against the impugned order, Writ Petition has been instituted. Thereafter by order dated 13.2.2017 leave was granted to convert Writ Petition into First Appeal. Taking into consideration these circumstances and the reasons set out in paragraph 3 of the application delay of 377 days in not instituting this appeal is hereby condoned.

3. Application stands disposed off.

MCA/82/2017

4. Place the appeal for admission.

M. S. SONAK, J.