Allowed

State of Maharashtra through Collector, Gondia and Another v. Dilipkumar S/O Kamuji Khobragade and Another

Bombay HC5 Oct 2015CAF/413/2015

Case brief

AI extract

What is this about?

The High Court, Nagpur Bench allowed a Civil Application for condonation of delay in filing an appeal where the applicant failed to satisfactorily explain the delay. The court directed payment of costs to register the appeal.

What did the court decide?

Condonation of delay subject to payment of Rs. 3000/- costs within 8 weeks; appeal to be registered.

State of Maharashtra through Collector, Gondia and… — Execution and Attachment | Bombay HC (2015)

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Order

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

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C.A.F.NO. 413/2015 IN F.A.ST.NO.21739/2014.

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State of Maharashtra and another.

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VERSUS-

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Dilipkumar Kamuji Khobragade and another.

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

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CORAM : B.P.DHARMADHIKARI & P.N. DESHMUKH, JJ.

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DATE : OCTOBER 05, 2015.

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Heard Mrs. B.P. Maldhure, learned A.G.P.

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for the applicant, Shri I.N. Choudhari, learned Counsel for respondent no.1 and Ms. V. Khandekar, learned Counsel for respondent no.2.

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Matter was considered by this Court on 31.08.2015, and we found substance in contention of Shri Choudhari, learned counsel that there is no explanation for delay during the period 26.11.2013 to 26.06.2014. Additional affidavit has been filed by the

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Order

applicants on 03.10.2015. In paragraph no.2 it is stated that against judgment dated 05.10.2013, appeal was to be filed and on 01.02.2014, the Assistant Government Pleader, Gondia submitted opinion in favour of filing appeal. It is also mentioned that till 20.12.2013, the applicant was busy in election work.

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Shri Choudhari, learned counsel states that the delay has not been satisfactorily explained.

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Period prior to 05.10.2013 is not relevant. Appeal has been preferred on 26.04.2014, and there was no explanation for period from 26.11.2013 to 26.04.2014.

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Now it has been pointed out that opinion of counsel to to file appeal was received on 01.02.2014, therefore, the period from 24.11.2013 to 01.02.2014 has not been specifically explained. There is no explanation for period after 01.02.2014 till 26.04.2014.

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In this situation, considering the

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enhancement granted and directions by this Court to the applicants to deposit 50% of the amount as awarded by the Reference Court, and as we do not see

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Order

any mala fide, we condone the delay. However, the same is subject to payment of costs of Rs. 3000/- by the applicants to respondent no.1 within a period of 8 weeks from today.

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If the costs are so paid, Registry to register the appeal. Civil Application is accordingly allowed and disposed of.

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Request of Shri Choudhari, learned counsel for respondent no.1 for withdrawal of amount in deposit, shall be considered independently and on its own merits.

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JUDGE JUDGE

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Rgd.

State of Maharashtra through Collector, Gondia and Another v. Dilipkumar S/O Kamuji Khobragade and Another

Case brief

What is this about?

What did the court decide?

State of Maharashtra through Collector, Gondia and Another v. Dilipkumar S/O Kamuji Khobragade and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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