1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIAL APPLICATION NO.: 4140 OF 2009 IN FIRST APPEAL [St] NO.: 8095 OF 2009 [Bhiwaji Raoji Kamble V/s The State of Maharashtra & ors.] 1. We have heard learned counsel Mr. K. S. Bhore for the Applicant, learned A.G.P. for the State and Mr. Dande for Respondent NO.2. 2. Learned counsel Mr. Bhore submits that in similar facts delay of about 173 days occurred in filing the appeal was considered by this Court and condoned. Present matter also covers by the same notification. According to him, reference was decided, appeal was before this Court on behalf of State/ acquiring body. It was allowed. Said order was challenged by filing S.L.P. The Honourable Supreme Court allowed the S.L.P. and remanded the matter. 3. In this application, ground raised is financial crunch faced by the Applicant at the time of filing of the appeal. Court fees required to be deposited was Rs. 15,000/- could not be arranged by the Applicant and, therefore, the delay is occurred. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 4. We are satisfied that the explanation tendered is just and sufficient. No malafides can be attributed to the applicant, though learned counsel for the Respondent prayed for dismissal of the application. 5. Civil application is allowed in terms of prayer clause (A) and disposed of. 6. Another first appeal No.1334 of 2009, identical in nature to the present first appeal, is to come before this Court on 3rd August, 2009. 7. S. O. 3rd August, 2009. [S. S. SHINDE, J.] [S. B. DESHMUKH, J.] Dated:107/07/2009. ans/4140