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Bombay High CourtCA/823/2026admittedallowedgrantedrule absolute

Laxman Keshav Nemade v. The Area Manager Maharashtra Industrial Development Corporation Jalgaon And ORS

2026-04-22Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

This order has been corrected pursuant to speaking to the minutes of order dated 07.05.2026.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO. 823 OF 2026 IN X-OBJST/12573/2019 LAXMAN KESHAV NEMADE

VERSUS

THE AREA MANAGER MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION JALGAON AND ORS ...

Mr. S. A. Mulla h/f Ms. U. V. Yadav, Advocate for the applicant Mr. S. G. Sangle, Addl. G.P. for Respondent/State Mr. G. S. Khaire h/f Mr. S. S. Dande, Advocate Respondent No.3 CORAM : SANJAY A. DESHMUKH, J.

DATED : 22nd APRIL, 2026 P. C. :- 1.

The present Civil Application is filed for condonation of delay of 1523 days caused in filing the X-objection.

2.

Learned Advocate for the applicants submitted that the delay is not deliberate, but occurred due to the applicants' inability to arrange the necessary expenses for filing the appeal. He, therefore, prayed that the application be allowed.

3.

Learned Advocate for the respondents strongly opposed the said application, submitting that the reasons stated therein are not sufficient to 940 CA 823.2026 (corrected).odt

satisfactorily explain the delay, as contemplated under Section 5 of the Limitation Act.

4.

Upon perusal of the application, it appears that the delay is not deliberate. On the contrary, the applicants were facing financial crises and were unable to manage the expenses required for filing the appeal. Therefore, the application deserves to be allowed. Hence, the application is allowed. The delay in filing the appeal is condoned in the interest of justice. It is clarified that for the period of delay, the applicants shall not be entitled to interest. 5.

In X-OBJ (ST) No. 12573 of 2019, issue notice to the Respondents, returnable on 18th June, 2026. Mr. Khaire h/f Mr. Dande, learned Advocate waives service of notice for Respondent No.3. Learned Addl.G.P. waives service of notice for respondent/State. (SANJAY A. DESHMUKH, J.) ssp 940 CA 823.2026 (corrected).odt