A single-judge Bench dismissed a civil application seeking registration of a first appeal due to an inordinate delay of over 13 years without explanation.
Civil Application No. 1855 of 2008 was rejected; appeal will not be registered.
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15 caf.1855.08
ndm
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 1855 OF 2008
IN
FIRST APPEAL (stamp) NO. 17210 OF 2004
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders
Court’s or Judge’s orders
Mr. A.R.Patil, AGP for the Applicant – State. Mr. A.M.Kulkarni for the Respondents.
CORAM : A.S.OKA, J. DATE : 01st April, 2011.
P.C.
2 The delay is more than 13 years in preferring the appeal.
3 Perusal of the application shows that the impugned judgment and award was made on 9th November, 1990. Opinion was forwarded to the Law Ministry for preferring an appeal, which was received by the Law Ministry on 25th February, 1991. On 8th March, 1991, office of the Government Pleader received copy of the resolution for preferring an appeal alongwith ordinary copy of the judgment and award. On 30th October, 1991, the office of
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15 caf.1855.08
the Government Pleader wrote a letter to the District Government Pleader, Sangli for forwarding the certified copy of the judgment and award. It appears that on 13th June, 2003, the office of the District Government Pleader, Sangli applied for certified copy of the impugned judgment and award. Thus, there is a gross delay of more than eleven years in making an application for certified copy of the impugned judgment and award. This gross delay has not been explained. Apart from this, only a sum of Rs. 4080/- has been granted as additional compensation under the impugned judgment and award. No case is made out for condonation of delay. Hence, the application is rejected. As the appeal will not be registered, it will be open for the Appellant to apply for refund of Court-fees.
4 Civil Application No.1856 of 2008 does not survive and the same is disposed of.
1 provisions across 1 enactments
State
Respondents
A.S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
