Bombay High Court
MCA/585/2003 of EXECUTIVE ENGINEER AND 2 ORS., Vs SHRI SUBHASH V. TILVE, PONDA-GOA. on 12 December 2003
COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 585 OF 2003 EXECUTIVE ENGINEER AND 2 ORS., ....Applicants Versus SHRI SUBHASH V. TILVE, PONDA-GOA. ....Respondents SHRI P.A. KAMAT,G.A,SHRI P.A. KHOLKAR Coram:- A.M.KHANWILKAR, J. Date:- 12th December, 2003 P.C.: Heard both sides. This is an
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IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO. 585 OF 2003EXECUTIVE ENGINEER AND 2 ORS.,
....Applicants
Versus
SHRI SUBHASH V. TILVE, PONDA-GOA.
....Respondents
SHRI P.A. KAMAT,G.A,SHRI P.A. KHOLKAR
-Coram:A.M.KHANWILKAR, J.-Date:12th December, 2003
P.C.:
Heard both sides. This is an applicationfor condonation of delay of 374 days,in filing of the First appeal. It isstated in the application that in factthe applicants had preferred reviewproceedings before the same Court andafter culmination of those proceedings,have now approached this Court by way ofFirst appeal. Although the learnedCounsel for the respondent contends thatthe cause made out in the applicationis not a sufficient cause, to my mind,itis not possible to accept thatsubmission. On the other hand, since theapplicants had preferred review beforethe same Court and which remedy wasavailable to them in law, it is notpossible to say that the delay is eitherintentional or deliberate, for whichthe cause as made out, to my mind, is sufficient cause. Hence the application is granted. Appeal be registered andposted for admission next week.
A.M.KHANWILKAR, J.