Bhaurao Kalyan Sable v. The State Of Maharashtra And ORS

1 926-CA-2805-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO.2805 OF 2020 IN FAST/1910/2019 BHAURAO KALYAN SABLE

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr Shrikishan S.Shinde AGP for Respondent Nos. 1 and 2/State : Mr S.B. Yawalkar Advocate for Respondent No. 3 : Mr R.K. Ingole CORAM : S.G. CHAPALGAONKAR, J.

DATE : 24-02-2023 PER COURT :

1.

Heard.

2.

The applicant seeks to condone the delay of 749 days caused in filing the appeal against the Judgment and award passed by the Reference Court in LAR No. 876/2014.

3.

The learned advocate appearing for the applicant submits that the delay caused in filing the appeal is not intentional. He invites attention of this Court to para Nos. 2 to 6 of the application and points out that there were sufficient reasons for the delay.

4.

The learned advocate appearing for respondent No. 3 opposes to condone the delay on the ground that the explanation offered by the applicant is not sufficient to condone the huge delay. In alternative, he submits that if the delay is condoned, the applicant shall not be entitled to claim the interest for the delayed period.

2 926-CA-2805-2020 5.

Having considered the submissions advanced by the respective parties, the delay deserves to be condoned subject to condition that the applicant shall not be entitled to claim the interest for the delayed period if his prayer for enhancement of compensation is accepted by this Court in appeal.

6.

The civil application is accordingly allowed. The delay of 749 days caused in filing the appeal is condoned subject to condition as stated above. The appeal be registered.

[ S.G. CHAPALGAONKAR, J. ] mta