1 c.a.437.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 437 OF 2011 IN FIRST APPEAL STAMP NO. 38431 OF 2010 WITH CIVIL APPLICATION NO. 438 OF 2011 IN FIRST APPEAL STAMP NO. 38431 OF 2010 WITH FIRST APPEAL STAMP NO. 38431 OF 2010 [The State of Maharashtra and ors Vs. Madhav Vishwanath Gandale and another] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.T.S.Lodhe,Advocate for applicants .... CORAM: R.M.BORDE, J. DATE : 2ND AUGUST,2011. PER COURT : . This is an application seeking condonation of delay of 1400 days occurred in presenting first appeal. The Judgment and Award is passed by the Reference Court on 24.11.2006. The Secretary of Law and Judiciary Department resolved to prefer an appeal against the said Judgment and Award in the year 2008 and communicated the said decision to the 2 c.a.437.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Government Pleader accordingly. However, the appeal came to be presented in the year 2010, i.e. on 23.12.2010. There is absolutely no explanation as regards occurrence of delay of about 1400 days, in presenting the appeal. The application seeking condonation of delay is devoid of merits, hence stands rejected. 2. In view of disposal of application seeking condonation of delay the appeal need not be registered. Apart from this, on considering the merit, the amount of enhancement directed to be paid by the the Reference Court is quite moderate. The applicant-State shall be entitled to refund the Court Fees as per rules. 3. Pending Civil application seeking stay does not survive and stands disposed of. Sd/- [ R.M.BORDE, J.] MTK 3 c.a.437.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders