Writ petition dismissed. The High Court directed the authority to decide the application for condonation of delay after hearing the parties before adjudicating the appeal on merits.
Writ petition dismissed and matter remanded to the authority to decide the application for condonation of delay after hearing parties.
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9 wp1131-23.docx
Digitally signed by TRUSHA TRUSHA TUSHAR TUSHAR MOHITE MOHITE Date: 2023.02.03 11:28:35 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1131 OF 2023
Sanjay Narayan Pansare
….. Petitioner
Vs.
State of Maharashtra and Ors.
….. Respondents
Mr.Uday Nighot a/w Mr.Abhijeet B. Kadam for the Petitioner Mrs.R.A.Salunkhe a/w Mr.P.P.Pujari, A.G.P. for the State
CORAM: S.V.GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.
DATED : FEBRUARY 02, 2023
P.C.
1 The grievance of the Petitioner is that the Respondents are proceeding to decide the Appeal without deciding the Application for condonation of delay.
2 The Petitioner may file an Application before the Authority with regard to his contention. The Petitioner is at liberty to point out the legal proposition to the authority concerned. The authority is required to consider the position of law as would be pointed out to him regarding deciding the Application for condonation of delay before deciding the Appeal on merits. The authority may consider the contention of the Petitioner in that regard on its own merits after hearing all the parties.
Mohite
1/2
9 wp1131-23.docx
(SANDEEP V. MARNE, J)
(ACTING CHIEF JUSTICE)
2/2
Mohite
1 issue framed by the court
Whether the appellate authority can proceed to decide the appeal without first deciding the application for condonation of delay.
Sanjay Narayan Pansare
State of Maharashtra
S.V. Gangapurwala
Sandeep V. Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
