Hiraji Nagoji (Died) Thr Lrs Tarabai And ... vs State Of Maharashtra And Anr
2024 Latest Caselaw 1235 Bom

Bombay High Court

Hiraji Nagoji (Died) Thr Lrs Tarabai And ... vs State Of Maharashtra And Anr on 17 January, 2024

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                                                             ca1776.22.odt

         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                    CIVIL APPLICATION NO. 1776 OF 2022 IN
                     FIRST APPEAL ST. NO. 25801 OF 2019

     Hiraji Nagoji
     (Deceased through LRs) & others                    .. Applicants

           Versus

     State of Maharashtra & another                     .. Respondents

     Mr. Shaikh Kayyum Najir, Advocate for the applicants.
     Mr. S. V. Hange, AGP for the State.
     Mr. M. N. Navandar, Advocate for respondent No. 2.


                                  CORAM : R. M. JOSHI, J.

DATE : 17th JANUARY, 2024. PER COURT :

1. This is an application for condonation of delay of 197

days in preferring appeal against judgment and award dated 8 th

September, 2018 passed in LAR No. 324/2001.

2. Applicants claim that for making arrangement of funds

for preferring appeal, time was lapsed and hence, there is no

deliberate or intentional act on their part in not preferring the appeal

in time. Learned counsel for respondent opposed the application.

3. Considering the reasons mentioned in the application, no

malafides can be attributed to the applicants in not preferring the

ca1776.22.odt

appeal in time. Application deserves to be allowed in terms of prayer

clause 'B' and 'C'. Applicants would not be entitled for interest for

the aforestated period of delay. Appeal be registered.

( R. M. JOSHI) Judge dyb