Superintending Engineer Maharashtra State Electricity Distribution Company Ltd. v. Mrs. Ashwini D. Sabale And ORS.

45caf1807-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1807 OF 2015 IN FIRST APPEAL (ST) NO.26683 OF 2014 Superintending Engineer Maharashtra State Electricity Distribution Company Ltd.

... Applicant.

Versus

Mrs. Ashwini D. Sable and Ors.

... Respondents.

----- Ms. Anjali R.S. Baxi for the Applicant.

----- Coram : Sharmila U. Deshmukh, J.

Date : February 18, 2025 P. C. :

1.

Civil Application has been preferred seeking condonation of delay of 194 days caused in preferring the First Appeal. None appears for the Respondents, though served.

2.

Learned counsel appearing for the Applicant submits that the impugned judgment was passed on 8th January, 2014 and thereafter, as per the procedure, they had to obtain sanction from the higher authority. She further submits that after receipt of the certified copy of the judgment from Ratnagiri Division, the same was sent to Pune Region for advise and after taking sanction, the present Appeal came to be filed.

3.

There is no reply filed to the said Civil Application. sa_mandawgad 1 of

45caf1807-2015.odt 4.

The Applicant in the present case is the Maharashtra State Electricity Distribution Co. Ltd. and it cannot be disputed that before the order is challenged before the higher forum, there would be requirement of seeking sanction from the higher authority. In paragraph 8 of the Application, the Applicant has set out the explanation for the delay which is an acceptable explanation.

5.

In light of the explanation set out in paragraph 8, the delay of 194 days stands condoned. Civil Application stands allowed. [Sharmila U. Deshmukh, J.] Digitally signed by SANJAY ASARAM MANDAWGAD Date:

2025.02.20 17:47:37 +0530 SANJAY ASARAM MANDAWGAD sa_mandawgad 2 of