1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 40. CA/8179/2008 In FAST/14148/2008 WITH CA/8180/2008 In FAST/14148/2008 ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : K.U.CHANDIWAL, J. DATE : 7TH July, 2009. 1) Heard Mr.Gavane, learned AGP for State and Mr.Sachin Deshmukh for sole respondent. 2) There is delay of 40 days in causing to file appeal, seeking to challenge the judgment and decree in Special Civil Suit No. 57/2006 dated 4th of February, 2008. It is a matter of record, the earlier direction of depositing the amount under the judgment and decree is not complied. Even the extensions given to the State are not honoured. The delay of 40 days though appears in nature to be trivial, however, having gone through the judgment under challenge, it more leans to be not a case even to entertain the 2 first appeal of a Labour Cooperative society Ltd., who has undertaken the project on behalf of the State and arrears of their bils are kept awaiting for the fruits to be enjoyed by the society. At this stage, the contention of Mr. Deshmukh that some disgruntled officer, not satisfied with the decree, is protracting the matter, need not be commented. 3) Considering the apathy shown indicated hereinabove, the decree is dated 4th of February, 2008, the matter is pending since 15.9.2005, recovery of Rs.4,33,722 with interest @ 6% p.a. Is pending, I do not see any reason to condone the delay. Accordingly, the application for condonation of delay dismissed. Resultantly, the appeal and the stay application also dismissed. Necessary court fees be refunded to the State as per the Rules. ( K.U.CHANDIWAL ) JUDGE bdv/ca8179.08