Meerabai Daskumar Joshi v. The State Of Maharashtra And ANR

(1) 919 CA-9906.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9906 OF 2022 IN FAST/3616/2021 WITH CA/9907/2022 IN FAST/3616/2021 WITH CA/9908/2022 IN FAST/3616/2021 MEERABAI DASKUMAR JOSHI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. H.B. Nandagawale, Advocate for the applicant. Mr. P.N. Kutti, A.G.P. for the respondents.

...

CORAM :

SANDIPKUMAR C. MORE,J.

DATED :

02.08.2022.

ORDER:- 1.

Heard. Issue notice to the respondents. Learned A.G.P. waives notice for respondent Nos. 1 and 2. 2.

The applicant is claiming condonation of delay of 2698 days in fling appeal against the award dated 30.06.2012 in LAR No. 790 of 2008. The learned Counsel for applicant submits that the amount of compensation is not at all deposited till today. Since the applicant is having poor fnancial condition, she could not fle the appeal within the period of limitation.

3.

The learned A.G.P. for the respondents took strong objection. However, considering the statutory right of the applicant and for the reasons stated in the Application, the

(2) 919 CA-9906.2022.odt application is allowed and the delay of 2698 days caused in fling the frst appeal, stands condoned in the interest of justice subject to condition that the applicant shall not claim any interest for such delay period.

4.

The Civil Application is accordingly disposed of. 5.

The First Appeal be placed for admission after removal of offce objections, if any.

(SANDIPKUMAR C. MORE, J.) VD-Dhirde