The Project Director And Ex-Officio Joint Secretary (Rd) And ANR., v. Cruz Pereira And 3 ORS

2024:BHC-GOA:1605 MCA 30 of 2024 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.30 OF 2024 IN STAMP NUMBER MAIN NO.87 OF 2018 (F) THE PROJECT DIRECTOR AND EX-OFFICIO JOINT SECRETARY (RD) AND ANR., ... APPLICANTS

Versus

CRUZ PEREIRA AND 3 ORS ... RESPONDENTS Mr. Deep Shirodkar, Additional Government Advocate for the Applicants.

Ms Vaishali Mahato, Advocate for Respondent Nos.1(a) to 1(g). CORAM:- VALMIKI MENEZES, J.

DATED :- 27th September, 2024 P.C.:

1. Ms Mahato waives service for the proposed L.Rs. of deceased Respondent No.1 which are stated in para 4 of the application. She undertakes to file a Vakalatnama on behalf of the newly added Respondent Nos.1(a to 1(g) within a period of two weeks.

2. The application for condonation of delay is vehemently opposed by learned Advocate Ms Mahato for the Respondents on the ground that there is no valid justification made out in the averments contained in the application.

27th September, 2024

MCA 30 of 2024

3. Having perused the averments made in the application, the main cause for the delay appears to be that after notice was issued to the Respondents in December, 2019, the service report indicated that Respondent No.1 had expired and this fact was notified somewhere in June, 2020 during the Covid-19 pandemic. This being the main reason for the delay in filing the application, there appears to be sufficient justification made out in the application for condoning the delay in bringing the L.Rs. of Respondent No.1 on record.

4. Accordingly, the application stands allowed. Delay in bringing the L.Rs. of deceased Respondent No.1 on record is condoned.

5. Application is disposed of.

VALMIKI MENEZES, J.

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 27/09/2024 19:08:48 27th September, 2024