The Director General Of Police, Police Headquarters, Panaji And ANR., v. Jose Francisco Fernandes And ANR.,

25-MCA-123-2020.DOC Niti

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.123 OF 2020 IN STAMP NUMBER MAIN NO.1963 OF 2019 THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, PANAJI AND ANR.

.... APPLICANTS

Versus

JOSE FRANCISCO FERNANDES AND ANR.

.... RESPONDENTS Mr. Pravin Faldessai, Additional Government Advocate for the Applicants.

Ms. Megha Y. Salkar, Advocate for Respondent No.1.

CORAM:

M. S. SONAK, J.

DATE :

22nd SEPTEMBER 2022 P.C. :

1.

Heard Mr. Pravin Faldessai for the appellant/applicant and Ms. Megha Salkar for respondent no.1.

2.

Mr. Faldessai points out that both the respondents have been served in this matter. There is a delay of 100 days in instituting the appeal. Reasons have been set out in the civil application. Ms. Salkar submits that these reasons do not 22nd September 2022

25-MCA-123-2020.DOC constitute sufficient cause. However, considering the averments in the application in their entirety and the length of the delay, a case has been made out for condonation.

3.

The decision relied upon by Ms. Salkar refers to an inordinate delay of 1011 days in preferring a Second Appeal. In this case, we are concerned with a delay of about 100 days only. 4.

Therefore, Misc. Civil Application is disposed of by condoning the delay of 100 days in instituting the appeal. M. S. SONAK, J.

K HALDANKAR Date: 2022.09.22 17:00:59 +05'30'

NITI K HALDANKAR 22nd September 2022