M/S. Ntpc Ltd. Solapur Super ... vs Savita Vitthal Chavan And Ors
2022 Latest Caselaw 12942 Bom

                                                        41.IA.3458.20 in FAST.5162.20.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 3458 OF 2020
                                      IN
                      FIRST APPEAL (ST.) NO. 5162 OF 2020


M/s. National Thermal Power Corp.
Ltd. (NTPC) Solapur Super Thermal
Power Project                                ...     Applicant/Appellant
                                             (Orig. Respondent No.1)

           Versus

Savita Vittal Chavan & Ors.                  ...     Respondents



Mr. M.A. Choudhari for the Applicant/Appellant.
Mr. A.R. Patil, A.G.P. for the State- Respondent Nos.2 and 3.


                                  CORAM :     R.I. CHAGLA, J.
                                  DATED :    13th DECEMBER, 2022.
ORDER :

1 By this Interim Application the Applicant/Appellant has

sought condonation of delay of 1 year and 134 days in filing the First

Appeal. The reason for the delay has been given in paragraph 6 of the

Interim Application wherein it is stated that though the impugned

judgment and order came to be passed on 27.07.2018, it was intimated to

the Applicant/Appellant by the office of the Sub-Divisional Officer by

Waghmare 1/3

41.IA.3458.20 in FAST.5162.20.doc

letter dated 19.01.2019. The impugned judgment and order has been

passed ex-parte against Original Respondent No.1 who is

Applicant/Appellant herein. Upon the Applicant/Appellant coming to

know of the impugned judgment and order, they had enquired from the

Sub-Divisional Officer No.2, Solapur regarding the proceeding and

requested them to furnish the entire proceedings culminating in the

impugned judgment and order passed in the reference of Respondent

No.1 herein. The Appellant whose name has changed to NTPC Limited

had not even being made a party to the Land Acquisition Reference No.33

of 2011 under Exhibit No.32 as Respondent No.1 therein was referred to

as Maharashtra State Electricity Distribution Company or National

Thermal Power Corporation, Solapur.

2 The Applicant/Appellant has further referred to the steps

taken by the Applicant/Appellant in paragraphs 7 to 9 for obtaining

sanction to file First Appeal apart from the time taken for obtaining

proceedings from the Sub-Divisional Officer No.2, Solapur. In paragraph

10 it is stated that there is delay of 1 year 134 days in filing the First

Appeal. Delay is stated to be not intentional and deliberate. Accordingly,

condonation of delay has been sought.

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                                                                                       41.IA.3458.20 in FAST.5162.20.doc



                             3            Having considered the averments in the Interim Application,

satisfactory explanation has been given for the delay in filing the First

Appeal. The impugned judgment and order had proceeded ex-parte

against Respondent No.1 therein, whose name was not corrected to reflect

the Applicant/Appellant-NTPC Limited but was shown as Maharashtra

State Electricity Distribution Company or National Thermal Power

Corporation, Solapur. Thus, knowledge of the impugned judgment and

order came only by 19.01.2019 upon being served notice by the Sub-

Divisional Officer No.2, Solapur. Thus, taking into the account the steps

taken by the Appellant to obtain sanction from the higher authority, the

condonation of delay is required to be granted. Hence, the following

order is passed :

i) The delay of 1 year and 134 days in filing the First

Appeal, is condoned.

ii) The First Appeal shall be taken on file.

iii) Interim Application is disposed of accordingly.

(R.I. CHAGLA, J.) Digitally signed by WAISHALI SUSHIL WAISHALI WAGHMARE SUSHIL Date:

WAGHMARE 2022.12.15
          14:52:28
          +0530




                             Waghmare                                                                              3/3