0203caf2698.09.odt FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAF NO. 2698/2009 IN FIRST APPEAL ST. NO. 15139 OF 2009 (V. I. D. C. Vs. Premsukhadas Motolal Khatri through Lrs. Gopaldas Khatri & 2 others) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. P. B. Patil, Advocate for the appellant, Mr. N. B. Kalwaghe, Advocate for respondent No.1. Mrs. Wasnik, A. G. P. for respondents No. 2 & 3. C ORAM : F. M. REIS, J. DATED : 2nd March, 2010. Heard. This is an application for condonation of delay in filing the first appeal which according to the respondent No. 1-A is 1 year 82 days. The learned Counsel for the appellant states that the applicant/appellant was not made party to the proceedings, It is their case that immediately after they came to know about the award passed by the reference Court on 23/6/2009, the application for condonation of delay was filed by the applicant on 19/9/2009. It is further their contention that if the time from the date of knowledge is taken into consideration, there is no delay on the part of the applicant in filing the present appeal. The learned Counsel for the respondents disputed the condonation of delay application and states that there is delay of more than one year in filing the first appeal. In the facts and circumstances of the case considering that the applicant was not made party and there is no dispute that the applicant was the acquiring body and was not aware about the proceedings, in the interest of justice, delay in filing the first appeal is condoned. The application is disposed of accordingly. wwl JUDGE