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2025 DAILYLAW 43613 (BOM)

EXECUTIVE ENGINEER, KANHER DAM v. SHRI. CHANDRAKANT MAHADU PALEKAR SINCE DECEASED THR. LRS. MADHUKAR CHANDRAKANT PALEKAR AND ANR.

IA/1219/2019 · 2025-04-01

Sharmila U Deshmukh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

62-IA 1219-19 in FA.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1219 OF 2019. IN FIRST APPEAL ST. NO. 26815 OF 2019. Executive Engineer, Kanher Dam ...Applicant. Versus Shri Chandrakant Mahadu Palekar (Deceased) Through Madhukar Chandrakant Palekar & Anr. ...Respondents. —————— Mr. Mahesh Pawar with Ms. Chaitrali Deshmukh for the Applicant. Mr. Shailesh Chavan for Respondent No.1A. Mr. A.R. Patil, AGP, for the State. —————— Coram : Sharmila U. Deshmukh, J. Date : April 1, 2025. P. C. : 1. This Interim Application has been preferred seeking condonation of delay of 89 days caused in preferring Appeal. Ofoce noting indicates that appearance being caused on behalf of private Respondents . Learned AGP appears for Respondent No.2. None appears for the private Respondents. 2. The learned Counsel appearing for the Applicant submits that the Judgment and Award was passed on 15th February 2019, and the certified copy was received on 24th April 2019. He would further submit that the corporation obtained legal advice before filing of the Appeal 1 of 2 62-IA 1219-19 in FA.doc which is led to delay of 89 days in preferring the Appeal. 3. Mr. Patil, learned AGP does not oppose the same by the acquiring body. 4. There is no opposition on behalf of the private Respondents, as no reply has been filed. Perusal of the explanation given in para 6 would indica te that before the Appeal could be filed sanction was required to be obtained from the higher authority, which caused the delay of 89 days. The delay has been sufociently explained and therefore stands condoned . Interim Application is allowed. [Sharmila U. Deshmukh, J.] 2 of 2