The Executive Engineer, M.I.S.D. ... vs Sidheshwar Krishnath Mehetre
2024 Latest Caselaw 2096 Bom

Bombay High Court

The Executive Engineer, M.I.S.D. ... vs Sidheshwar Krishnath Mehetre on 23 January, 2024

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                                                                ca2485.17.odt

         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                  CIVIL APPLICATION NO. 2485 OF 2017 IN
                    FIRST APPEAL ST. NO. 4292 OF 2017

     The Exeuctive Engineer
     MISD Osmanabad & another                              .. Applicants

     Versus

     Sidheshwar Krishnath Mehetre                          .. Respondent

     Ms. A. S. Hoge Patil, Advocate for the applicants.
     Mr. P. V. Gole, Advocate holding for Mr. V. D. Gunale, Advocate for
     respondent.

                                    WITH
                      FIRST APPEAL ST. NO. 4292 OF 2017


                                     CORAM : R. M. JOSHI, J.

DATE : 23rd JANUARY, 2024.

PER COURT :

1. This is an application for condonation of delay of 1315

days in filing appeal against the judgment and award dated 27 th

February, 2013 passed in LAR No. 223/2001.

2. Applicants claim that owing to the administrative

difficulties, the appeal could not be filed in time. Applicant is the

public authority. Public exchequer is involved in the present case.

No malafides can be attributed to the applicants in not preferring

appeal in time. Inspite of grant of opportunity, no say filed by

ca2485.17.odt

respondent which indicates that respondent is not inclined to oppose

the application. Hence, in the interest of justice, application stands

allowed in terms of prayer clause 'B'. Appeal be registered.

( R. M. JOSHI) Judge dyb