V.I.D.C. Thr. Exe. Engineer, ... vs Amol S/O Arvind Bhongade And ...
2023 Latest Caselaw 9505 Bom

2023:BHC-NAG:13506


                                                    1                                    21 caf3393.19.odt


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

                              CIVIL APPLICATION (CAF) NO. 3393 OF 2019
                                                IN
                                 FIRST APPEAL ST. NO. 27220 OF 2018
           VIDC THRU. ITS. EXEC. ENGINEER, PURNA MEDIUM PROJECT, ACHALPUR AND ANR.
                                             VERSUS
                             AMOL S/o ARVIND BHONGADE AND OTHERS
         -------------------------------------------------------------------------------------------------------
         Office Notes, Office Memoranda of                         Court's or Judge's Order
         Coram, appearances, Court's Orders
         or directions and Registrar's order
         -------------------------------------------------------------------------------------------------------
                                   Mrs. Anjali A. Joshi, Advocate for the appellant/applicants
                                   Mr. R. J. Shinde, Advocate for respondent nos.1 and 2.
                                   Mr. M. A. Kadu, A. G. P. for respondent nos.3 and 4

                                           CORAM : G. A. SANAP, J.

DATE : SEPTEMBER 11, 2023.

1. Heard.

2. This is an application for condonation of 1049 days delay caused in filing appeal against the judgment and award dated 03.08.2016.

3. The main reason stated in the application is the administrative procedural delay and lack of communication between the various Sections of the Department.

4. In view of the reasons stated in the application, the application is allowed. Delay of 1049 days is condoned, subject to payment of costs of Rs.5,000/- (Rupees Five thousand only) to the High Court Gazetted Officers Association, Nagpur. The costs to be paid within four weeks from today.

5. The application stands disposed of. The appeal be registered.

2 21 caf3393.19.odt

First Appeal St. No. 27220 of 2018

1. Heard.

2. ADMIT.

3. Mr. R. J. Shinde, learned advocate waives service of notice on behalf of respondent nos.1 and 2.

4. Learned Assistant Government Pleader waives service of notice on behalf of respondent nos.3 and 4.

5. Call for the record and proceedings.

6. Private paper book be filed within a period of twelve weeks from receipt of the record. If the paper book is not filed within twelve weeks, then the appeal shall stand dismissed without reference to the Court.

JUDGE Diwale

Signed by: DIWALE Designation: PS To Honourable Judge Date: 12/09/2023 10:59:39