Bhanudas Tukaram Kanwate v. The State Of Maharashtra And ANR

1 17CA2080.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

17 CIVIL APPLICATION NO. 2080 OF 2017 IN FAST/567/2017 Bhanudas Tukaram Kanwate

VERSUS

The State Of Maharashtra And Anr ...

Ms Laxmi Thakur h/f Mr. Laxmikant C. Patil - Advocate for Applicant Mr. R. D. Raut - AGP for Respondent/State ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 01ST APRIL 2025 PER COURT : - 1.

This is an Application for condonation of 3103 days delay caused in preferring the Appeal by the Claimants against the Judgment and Award passed by the Reference Court i.e. Civil Judge Senior Division, Ahmedpur in L.A.R. No. 1655 of 2001, on 08.04.2008. 2.

It is submitted by the learned Advocate for the Applicant that the sufficient reasons are shown in the Application, due to which the Applicants could not prefer the Appeal within the stipulated time. She submits that the Applicants are ready to waive the interest and the statutory benefits for the said delayed period. She submits that the Application be allowed.

3.

The Application is opposed by the learned AGP for Respondent No. 1 and submits that no sufficient reasons are shown in the SG Punde

2 17CA2080.2017.odt Application for condonation of delay.

4.

Though served, none appears for Respondent No. 2 i.e. the Acquiring Body.

5.

Perused the Application.

6.

For the reasons mentioned in the Application in paragraph nos. 3, 4 and 5, the Application is allowed in terms of prayer clause 'B'. The delay caused in preferring the Appeal is condoned. The Applicant shall not be entitled to the interest and the statutory benefits for the said delayed period. A copy of this order be kept along with the Appeal memo.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 03/04/2025 16:00:56 SG Punde