Government Of Goa Through Its Chief Secretary And ANR., v. Shri Benedito D'Souza (Deceased) Through His Lrs.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 344 OF 2016 IN STAMP NUMBER MAIN NO. 627 OF 2016 GOVERNMENT OF GOA THROUGH ITS CHIEF SECRETARY AND ANR., ... Applicants

Versus

SHRI BENEDITO D'SOUZA (DECEASED) THROUGH HIS LRS., ... Respondent Mr. Amir Jamadar, Addl. Government Advocate for the Applicants.

Mr. K. Padgaonkar, Advocate for the Respondents. Coram:- F. M. REIS, J.

Date:- 13th January, 2017 P.C.

Heard Mr. Jamadar, learned Addl. Government Advocate appearing for the Applicants and Mr. Padgaonkar, learned Counsel appearing for the Respondents.

2. This is an application for condonation of delay of 49 days in filing a First Appeal.

3. It is the contention of the Applicants that such delay was on account of administrative reasons. The Respondents have opposed such condonation of delay contending that the delay has not been satisfactorily explained. But, however, the averments in

MCA/344/2016 the application are supported by an affidavit. The Respondents have not controverted the averments by filing any affidavit.

4. Considering that a justice oriented approach has to be taken whilst deciding an application for condonation of delay and taking note of the fact that the delay was on account of the movement of files which has not been seriously disputed by the Respondents, I find that the delay needs to be condoned.

5. Application stands disposed of accordingly. F. M. REIS, J.

arp/*