In Civil Application F. No. 1040/2017, the court accepted the appellant's explanation for a significant delay of 617 days and condoned the same, thereby allowing the civil application.
The civil application was allowed condoning a delay of 617 days; no costs awarded.
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1 caf1040.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
C.A.F. NO.1040/2017 IN
FIRST APPEAL STAMP NO.17725/2016
Executive Engineer, Purna Madhyam Project, Achalpur Division, Achalpur
..Vs..
Sunil Wamanrao Mankar and others
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
Ms. A.A. Joshi, Advocate for the applicant / appellant.
CORAM : Z.A. HAQ, J.
DATE : 13.4.2018.
Heard.
Accepting the explanation given in the application, delay of 617 days in filing the appeal is condoned. The civil application is allowed accordingly. No costs.
FIRST APPEAL STAMP NO.17725/2016
First Appeal is taken up for hearing on
admission.
Admit .
Call record and proceedings.
Shri D.P. Dapurkar, Advocate waives notice
for respondent No.1.
Shri M.A. Kadu, A.G.P. waives notice for respondent Nos.2 and 3.
2 caf1040.17
C.A.F. NO.1041/2017
As the appellant has deposited the amount, interim order granted on 3rd July, 2017 to continue till disposal of appeal.
Considering the facts of the case, it is directed that the amount deposited by the appellant alongwith interest on it, if any, be given to respondent No.1 / claimant on submitting undertaking stating that in case at the time of hearing it is found that respondent No.1 / claimant is not entitled for the amount withdrawn by him, he will re-deposit it with interest as may be directed by this Court, within two months from the date of the order.
JUDGE
Tambaskar .
1 issue framed by the court
Whether the delay in filing the first appeal warrants condonation.
Executive Engineer, Purna Madhyam Project, Achalpur Division, Achalpur
Sunil Wamanrao Mankar and others
Z.A. Haq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
