The State Of Maharashtra Thr. The Deputy ... vs Shri. Nilesh Harishchandra Bhoir And ...
2024 Latest Caselaw 23079 Bom

Bombay High Court

The State Of Maharashtra Thr. The Deputy ... vs Shri. Nilesh Harishchandra Bhoir And ... on 7 August, 2024

Author: Sharmila U. Deshmukh

Bench: Sharmila U. Deshmukh

                                               911----FA-ST-25356-2019.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO.279 OF 2019.
                                   AND
                   INTERIM APPLICATION NO.280 OF 2019.
                                    IN
                    FIRST APPEAL (St) NO.25356 OF 2019.

The State of Maharashtra
Thr. The Deputy Collector
And Anr.                                              ...Appellant .

           Versus

Shri. Nilesh Harishchandra Bhoir And Anr.             ...Respondents.

                               ------------
Mr. Hemant P. Ghadegaonkar for the respondent.
Ms. Tanvi Phatak a/w. Mr. Sachin Hande for respondent No.1.
Mr. A. R. Patil, AGP for respondent-State.
                               ------------


                               Coram : Sharmila U. Deshmukh, J.

Date : 7th August, 2024.

P. C. :

INTERIM APPLICATION NO.279 OF 2019.

1. Interim Application has been filed seeking condonation of delay

of 1 year and 19 days caused in filing the present First Appeal against

the judgment and award dated 9th February 2018 passed by the

Reference Court in L.A.R. No.12/2017.

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2. In paragraph No.3 of the application, explanation has been

tendered setting out the sequence of events commencing from the

passing of the award to the dates on which various permissions were

obtained and till the filing of the present appeal. It is well known that

in case of Government Authorities where order of Trial Court is

required to be challenged in higher Forum, there are permissions and

approvals which are required to be obtained which results in delay.

3. In my view, delay has been sufficiently explained.

4. In light of the above, delay of 1 year and 19 days is condoned.

Civil Application is allowed.

INTERIM APPLICATION NO.280 OF 2019.

5. Interim application has been preferred seeking stay of the

impugned judgment and award dated 9 th February 2018 passed by the

Reference Court in L.A.R. No.12/2017.

6. Learned AGP tenders copy of receipt evidencing deposit of the

entire decretal amount along with accrued interest in the Reference

Court. Same is taken on record.

7. In light of the above, Interim Application is allowed. The

execution and implementation of judgment and award dated 9 th

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February 2018 passed by the learned Civil Judge, Senior Division,

Alibag in L.A.R. No.12/2017 is stayed.

8. FIRST APPEAL (St) NO.25356 OF 2019.

9. Heard.

10. Admit.

11. Call for R & P.

[Sharmila U. Deshmukh, J.]

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