Date: 17-08-2020
Business: Adv. M.B. Jadhav for applicant present and files stay application. TOR and marked as Exh.2.
Adv. Sunil Lahane for respondent No.1 is present and undertakes to file Vakalatnama on behalf of respondent No.1 on next date and he waives notice and seeks time to file reply. Time granted.
In the meanwhile, respondent No.1 shall maintain status-quo in respect of the property in question.
Adjourned to 21.09.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: Adv. M. B Jadhav for applicant is present.
None present for respondents.
Due to COVID-19, adjourned to 15.10.2020 for Reply.
Next Purpose: REPLY
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: Adv. M.B. Jadhav for applicant present.
Adv. Pramod Londhe h/f Adv. Sunil Lahane I/b The Juris Partners for respondent No.1 is present and files Vakalatnama. TOR and marked as Exh.2.
Ld. Adv. for respondent No.1 seeks time to file reply to application for condonation of delay. By way of last opportunity time granted.
Ld. Adv. for respondent No.1 files undertaking of respondent No.1. TOR and marked as Exh.3.
Adjourned to 26.10.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: Adv. M. B. Jadhav for applicant is present.
Adv. Pramod Londhe i/b Adv. Sunil Lahane for R/1 is present and filed reply. TOR and marked as Exh.4.
Adjourned to 26.11.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Adv. M. B. Jadhav for applicant is present.
Adv. Nilesh Lonkar for respondent is present.
Heard both the sides.
Delay of 57 days caused in preference appeal is sought to be condoned for the State of Maharashra on the ground that after passing of order impugned in the appeal under Public Premises Act there was correspondence in the department for seeking permission to file appeal.
Respondent has filed reply stating that the grounds shown are not sufficient and moreover the correspondence is not placed on record.
It appears that the impugned order is dated 26.12.2019 that has appeal is filed in July,2020 and as such apart from 57 days condonation in respect of the further lockdown period is also sought. As far as delay during lockdown period is concerned it can be considered on the basis of the prevailing situation not within human control and the earlier period of 57 days is also required to be considered in view of the reasons given. However the respondent deserve to be duly compensated and as such I passed following order.
ORDER
1. Misc Application No.48/20 is allowed on cost of Rs.5,000/- to the respondent to be paid in two weeks.
2. Appeal be registered accordingly.
3. Authenticated copy of order be provided.
Nature Of Disposal: ALLOWED
Disposal Date: 26-11-2020
