1.Rama Kondu Zore v. 1. The State Of Maharashtra And ORS.
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1590 OF 2007 IN FIRST APPEAL (ST.) NO.5261 OF 2007 WITH CIVIL APPLICATION NO.1587 OF 2007 IN FIRST APPEAL (ST.) NO.5259 OF 2007 WITH CIVIL APPLICATION NO.1588 OF 2007 IN FIRST APPEAL (ST.) NO.5264 OF 2007 WITH CIVIL APPLICATION NO.1589 OF 2007 IN FIRST APPEAL (ST.) NO.5266 OF 2007 WITH CIVIL APPLICATION NO.1916 OF 2007 IN FIRST APPEAL (ST.) NO.6155 OF 2007 WITH CIVIL APPLICATION NO.1917 OF 2007 IN FIRST APPEAL (ST.) NO.6162 OF 2007 1/3
Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Gaurav Potnis i/b Ms.Pallavi Potnis for the applicant Mr.Yogesh Dabake, A.G.P. for the respondent no.1 CORAM : K. K. TATED, J DATE : AUGUST 1, 2019 P.C.:
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Heard.
By these Civil Applications, Applicant is seeking condonation of delay in filing the above First Appeals challenging the impugned judgments and awards passed by Reference Court, Pune in respective L.A.Rs.
The learned counsel for the Applicant submits that after passing the impugned judgment and award, they received amount of compensation after filing of First Appeals. Therefore, it remained on their part to take appropriate steps immediately. To that effect, the learned counsel for the Applicant relies on averments made in the Civil Applications.
The learned A.G.P. for the Respondent 2/3
submits that there is no substance in the present Civil Applications and same are required to be dismissed. He further submits that if court condones the delay in filing First Appeals, then it is to be made clear that Applicant original Claimant should not be entitled interest for this delayed period if they succeed in the First Appeals.
Considering the submissions made by the learned counsel for the Applicant and the averments made in the Applications, I am satisfied that the Applicant has made out a case for allowing the present Civil Applications.
Hence, the following order:
a) Delay in filing the First Appeals is condoned.
b) It is made clear that Applicant original Claimant will not be entitled interest for the awarded compensation in case they succeed in the First Appeals for the delayed period.
d) Civil applications stand disposed off accordingly.
d) No order as to costs.
(K.K. TATED, J.) 3/3