The State Of Maharashtra (Through ... vs Shri. Bhimrao Joma Patil And Ors
2021 Latest Caselaw 13403 Bom

                                                    1         17-CAF 3162-16 in FAST 12976-16.odt


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                    CIVIL APPLICATION NO.3162 OF 2016
                                                   IN
                                    FIRST APPEAL (ST) NO.12976 OF 2016

                      The State of Maharashtra                              ... Applicant
                           Vs.
                      Bhimrao Joma Patil & Ors.                             ... Respondents
                                                      -----

Mrs.P.P. Shinde, AGP for applicant-State. Mr. Ashutosh Hasija h/f Mr.S.S. Punde for respondent No.1, 2/1 to 2/3.

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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 47 days in fling appeal

against judgment and award dated 26th November, 2015 passed by

the Learned Joint Civil Judge, Senior Division, Alibag in L.A.R.

No.562 of 2000.

3. Learned AGP for the State draws attention of this Court

MUGDHA M to paragraph 4 of the application to explain the delay. The said PARANJAPE Digitally signed by MUGDHA M PARANJAPE Date: 2021.09.21 12:21:21 +0530

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paragraph of the application is quoted as under :-

"4. The Applicant further says that there was delay has been caused because the Law and Judiciary Department, Mantralaya, Mumbai took some time to scrutinize the proposal for passing resolution and thereafter, issuing sanction to prefer an appeal in this Hon'ble High Court as the said offce is required to examine large number of matters before giving opinion. The Applicant says that certifed copy of impugned Judgment and Award dated 26.11.2015 was received in the Offce of the Government Pleader, High Court, Mumbai on 16.03.2016 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, High Court (A.S.), Mumbai 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."

4. Learned counsel for respondents submits that he has no

particular objection, if the aforementioned delay is condoned.

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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 47 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.)




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