STATE OF MAHARASHTRA Vs. QURAISHI BROTHERS

JUDGEMENT

(1.) Heard the learned counsels appearing for the parties. Civil Application No.2143 of 2018 is for condonation of delay of 748 days in filing an application for review of the judgment dated 2-2-2016 passed in First Appeal No.174 of 2002, and Civil Application No.1077 of 2018 is for condonation of delay of 858 days in filing an application for restoration of First Appeal No.57 of 2003. The reply is filed opposing the applications for condonation of delay.

(2.) The applicant is the Department of the State Government, prosecuting the appeal. The project in respect of which the matter pertains, was handed over subsequently to Godavari Marathwada Irrigation Development Corporation, which was prosecuting the matter for and on behalf of the State of Maharashtra, Department of Irrigation. Shri Rajan Pillai, Advocate, was engaged specially for this purpose. He expired on 20-6-2004. On 15-10-2015, First Appeal No.57 of 2003 was listed for final hearing. Since none appeared for the appellant, the matter was dismissed in default. Thereafter, First Appeal No.174 of 2002 filed by the respondent in the same matter came up for hearing on 2-2-2016, when it was partly allowed by setting aside the decision of the lower Court and restoring the decision of the Arbitrator. In those proceedings also, none appeared for the original respondent- State of Maharashtra.

(3.) When the execution proceedings were taken out and the notice was received, the applicant came to know that First Appeal No.57 of 2003 was dismissed in default, and First Appeal No.174 of 2002 was partly allowed. Thereafter, both these applications are filed in these two appeals for condonation of delay and restoration.