Final Order 1

Order Details: Other
Pdf Text: 26.11.2020
Misc Appln
48/20
CORAM : HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. S. B. AGRAWAL (C.R. NO.19)
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.
Principal Judge,
Gr. Mumbai.
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