The State Of Maharashtra (Through ... vs Shri. Uday Namdeo Gharat
2021 Latest Caselaw 13402 Bom

                                                     1        18-CAF 3237-16 in FAST 11495-16.odt


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                    CIVIL APPLICATION NO.3237 OF 2016
                                                   IN
                                    FIRST APPEAL (ST) NO.11495 OF 2016

                      The State of Maharashtra & Anr.                   ... Applicants
                           Vs.
                      Uday Namdeo Gharat                                ... Respondent
                                                       -----

Mrs.P.P. Shinde, AGP for applicants-State. Mr. Ashutosh Hasija h/f Mr.S.S. Punde for respondent.

-----

CORAM: ABHAY AHUJA J.

DATE : 18TH SEPTEMBER, 2021 P.C.:

1. Heard.

2. By this application, the State of Maharashtra as

applicant is seeking condonation of delay of 53 days in fling appeal

against judgment and award dated 13 th November, 2014 passed by

the Learned Joint Civil Judge, Senior Division, Raigad-Alibag in

L.A.R. No.106 of 2002.

3. Learned AGP for the applicants draws attention of this

Court to paragraph 3 of the application to explain the delay. The MUGDHA M PARANJAPE Digitally signed by said paragraph of the application is quoted as under :-

MUGDHA M
PARANJAPE
Date: 2021.09.21
12:21:18 +0530


                       Mugdha                                                                1 of 3
                             2        18-CAF 3237-16 in FAST 11495-16.odt

"3. The Applicants say that there was delay on the part of the offce of the District Government Pleader, Alibag in forwarding the Appeal proposal and report to the Law and Judiciary Department, Mantralaya, Mumbai because they received the certifed copies of the Judgment and Award dated 13.11.2014 passed by the Reference Court on 22.11.2014. Thereafter, on 20.01.2015 the District Government Pleader, Alibag forwarded the proposal for fling the First Appeal in the Hon'ble High Court to the Law and Judiciary Department, Mantralaya, Mumbai and on 12.08.2015 Law and Judiciary Department, Mantralaya, Mumbai issued Resolution No.359/M Branch, dated 12.08.2015. They took some time, the said delay has been caused unintentionally, due to unavoidable circumstances and pressure of work and insuffcient staff in branch. The said Resolution alongwith certifed copies of the impugned Judgment and Award, dated 13.11.2014 was received in the Offce of the Government Pleader, High Court, Mumbai on 04.09.2015 i.e. after expiry of limitation period. Thereafter, the work of drafting was entrusted to one of the Law Offcer, who in turn after due scrutiny drafted the Memo of Appeal. After getting adequate number of copies typed of the impugned Judgment and Award passed by the Reference Court and adequate number of copies of the Memo of Appeal, the Offce of the Government Pleader fled the said First Appeal in this Hon'ble Court, Mumbai. In the process stated hereinabove, the delay has been caused in fling the said First Appeal in this Hon'ble High Court."

Mugdha                                                              2 of 3
                                3        18-CAF 3237-16 in FAST 11495-16.odt

4. Learned counsel for respondent submits that he has no

particular objection, if the aforementioned delay is condoned.

5. Having heard learned counsel for the parties and having

perused the reasons in the application, this Court is inclined to

allow the application. Accordingly, the delay of 53 days in fling the

appeal is hereby condoned.

6. Civil Application is accordingly disposed of.

7. List the appeal on 05/10/2021 for admission.

                                               (ABHAY AHUJA, J.)




 Mugdha                                                                3 of 3