1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application No. 4362/2008 (The State of Maharashtra & others VERSUS Vilas Ramchandra Ladikar) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Ms. Tajwar Khan, Assistant Government Pleader for the appellants. Shri J.C. Shukla, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : AUGUST 11, 2008. Heard the learned counsel for the parties. The counsel for the respondent strongly opposes the prayer made in this civil application. According to the applicant, the delay of 40 days in filing the appeal is not intentional and is bona fide. The reason for delay caused in filing the appeal is explained in paragraph 3 of the civil application. It is submitted on behalf of the non- applicant that the delay is not of 40 days but, is in fact of 113 days. Nothing has been pointed out to the Court to show that the delay is 113 days. The counsel for the respondent is not aware as to when the certified copy was ready and was received by the State. Except for the statement that the judgment was delivered on 09.01.2008 2 and certified copy was applied on 04.02.2008, there is nothing on record to show that there is a delay of 113 days in filing the appeal. Even otherwise, the delay caused in filing the appeal is satisfactorily explained by the State. In this view of the matter, the prayer made in the civil application is granted. The civil application is allowed and disposed of. C.A. St. NO.8224/2008. Heard the learned Assistant Government Pleader for the applicant. Issue notice to the respondent returnable on 28.08.2008. Shri J.C. Shukla waives notice on behalf of sole respondent. In the meanwhile, the judgment and award passed by the trial Court is stayed only on the condition that the appellant deposits the entire decretal amount in this Court within a period of four weeks from today. JUDGE APTE