Maha. State Power Generation Co. ... vs Nandlal S/O Arjun Kale And Another
2023 Latest Caselaw 9234 Bom

                                            1                                    24 caf974.23.odt


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            : NAGPUR BENCH : NAGPUR.

                      CIVIL APPLICATION (CAF) NO. 974 OF 2023
                                       IN
                         FIRST APPEAL ST. NO. 8506 OF 2020
             M.S. POWER GEN. CO. LTD., THRU. ITS EXEC. ENGINEER, BALAPUR
                                        VERSUS
                       NANDLAL S/o ARJUN KALE AND ANOTHER
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Office Notes, Office Memoranda of                         Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Mr. Nachiket G. Moharir, Advocate for the appellant/applicant
                          Mr. A. D. Girdekar, Advocate for the respondent no.1
                          Ms. T. H. Udeshi, A.G.P. for respondent no.2

                                  CORAM : G. A. SANAP, J.

DATE : SEPTEMBER 04, 2023.

1. Heard learned advocates for the parties.

2. This is an application for condonation of 231 days delay caused in filing the appeal against the impugned judgment and order dated 27.02.2019 in L.A.C. No. 673/2012.

3. The reasons have been stated in the application. Learned advocate for respondent no.1 and learned AGP for respondent no.2 submit that considering the reasons stated in the application, the Court may pass an appropriate order.

4. On going through the application, I am of the view that the reasons stated in the application cannot be discarded and disbelieved. The same are sufficient to condone the delay.

5. Accordingly, the application is allowed. Delay of 231 days is condoned. The appeal be registered.

6. The civil application stands disposed of.

2 24 caf974.23.odt

First Appeal St. No. 8506 of 2020

1. Heard.

2. ADMIT.

3. Mr. A.D. Girdekar, learned advocate waives service of notice on behalf of respondent no.1

4. Ms. T. H. Udeshi, learned Assistant Government Pleader waives service of notice on behalf of respondent no.2.

5. Call for the record and proceedings.

6. Private paper book be filed within twelve weeks from the date of receipt of the record and proceedings.

7. If the paper book is not filed within the said period, then the appeal shall stand dismissed without reference to the Court.

JUDGE Diwale

Signed by: DIWALE Designation: PS To Honourable Judge Date: 05/09/2023 11:39:05