The High Court at Aurangabad condoned a 220-day delay in filing first appeals by the acquiring body, adopting a liberal approach, and allowed the civil applications.
Delay of 220 days condoned; civil applications allowed; proceedings instituted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1015-ca-13735-13 group (delay).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
1015 CIVIL APPLICATION NO.13735 OF 2013 IN FAST/26925/2013
WITH CA/13737/2013 IN FAST/26922/2013 WITH CA/13739/2013 IN FAST/26919/2013 WITH CA/13741/2013 IN FAST/26916/2013 WITH CA/13743/2013 IN FAST/26912/2013 WITH CA/13745/2013 IN FAST/26769/2013 WITH CA/13747/2013 IN FAST/26928/2013
THE CHIEF ENGINEER (CONSTRCTION) CENTRAL RAILWAY AND ORS VERSUS HANMANTRAO RANGNATH MASALKAR AND ANOTHER
Advocate for Applicants : Mr. D.V. Soman AGP for Respondents/State : Mr. A.M. Phule Advocate for Respondent No.1 : Mr. S.S. Halkude
CORAM : SMT. VIBHA KANKANWADI, J. DATE : 06th SEPTEMBER, 2019.
ORDER :
. All these applications have been filed for getting the delay of 220 days condoned in filing first appeals. The acquiring body intends to challenge the judgment and award passed by the learned reference Court.
The learned Advocate appearing for the original claimants strongly objects
to the applications on the ground that whatever reasons have been given
are not sufficient to condone the delay.
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1015-ca-13735-13 group (delay).doc
3 and by taking liberal approach, so also the duration of the delay, delay stands condoned.
(SMT. VIBHA KANKANWADI, J.)
SCM
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1 issue framed by the court
Can the 220 days delay in filing first appeals be condoned on an application filed by the acquiring body?
The Chief Engineer (Construction) Central Railway and Ors
Hanmantrao Rangnath Masalkar and Another
Vibha Kankanwadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
