STATE OF MAHARASHTRA Vs. DIGAMBER GUNDERAO KULKARNI (DIED) THROUGH HIS L RS VENUBAI DIGAMBER KULKARNI (DIED)
LAWS(BOM)-2018-1-206
HIGH COURT OF BOMBAY
Decided on January 15,2018

STATE OF MAHARASHTRA Appellant
VERSUS
Digamber Gunderao Kulkarni (Died) Through His L Rs Venubai Digamber Kulkarni (Died) Respondents

JUDGEMENT

M.S. Sonak, J. - (1.) By this Civil Application, condonation of delay of 1654 days in instituting First Appeal against the Judgment and Award dated 27.12.2010 is applied for.
(2.) In Paragraph No.2 of the Civil Application, it is stated that after the impugned Award dated 27.12.2010, the learned AGP intimated to the office of the applicants and even gave a legal opinion recommending the institution of the appeal. Though no date or particulars have been set out, it is presumed that this was done within some reasonable period from the date of the impugned Award dated 27.12.2010. It is to be noted that the appeal in this case has been instituted on 6.10.2013.
(3.) In Paragraph No.3, it is stated that proposal to institute the appeal was forwarded on 1.4.2011 to the office of the Government Pleader. It is stated that the appeal memo was immediately drafted. This means that appeal memo was drafted in the month of April, 2011. Thereafter, there is no valid explanation as to why appeal was not instituted till 6.10.2013 i.e. for a period of two and half years.;


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