Bhausaheb Chudaman Patil And Another v. The State Of Maharashtra Thr. The Collector Dhule And Others

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 3257 OF 2014 IN FAST/4979/2014 BHAUSAHEB CHUDAMAN PATIL AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THR. THE COLLECTOR DHULE ANDOTHERS ...

Advocate for Applicants : Mr. Patil R. C.

AGP for Respondent Nos.1 and 2: Miss. R. P. Gour. Advocate for Respondent No.3: Mr. S. S. Chillarge. ***

CORAM:

T. V. NALAWADE, J.

DATED:

28th JANUARY, 2016.

PER COURT:

1.

The application is filed for condonation of 1041 days delay caused in filing appeal. The original claimant wants to file appeal against judgment and order of Reference Court for enhancement of compensation. In view of the contents of the application and the submissions made, this Court holds that sufficient cause is shown. However, there will be question of paying interest at higher rate in respect of 1041 days if the amount is enhanced. In view of this circumstance, learned counsel for the owner, appellant makes a statement that he has given undertaking that the

-:(2):- Appellant will not be claiming interest in respect of this period if the compensation is enhanced. In view of this circumstance, the application is allowed. Delay is condoned subject to the condition that the claimant will not be entitled to get interest in respect of the period of 1041 days if the compensation amount is enhanced. [T. V. NALAWADE, J.] Dt.28/01/2016.

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