Dnyanoba Madhav Madrewar And ANR v. The State Of Maharashtra And ORS

45 ca.2737.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 2737 OF 2016 IN FAST/6306/2016 DNYANOBA MADHAV MADREWAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Gajanan K. Sontakke. AGP for Respondent Nos.1 & 2 : Mr. S. N. Morampalle. Advocate for Respondent No.3 : Mr. Manish N. Navandar. ...

CORAM :

P. R. BORA, J.

DATE :

22nd August, 2016.

P.C.:

.

Heard the learned counsel appearing for the respective parties. Delay of 665 days has occurred in filing the present appeal. The learned counsel for the Appellants / Applicants submits that the Appellants are waiving their right to claim any interest of the period of delay in the event they succeed in the present appeal and the amount of compensation is enhanced. In view of the submission so made, though the learned AGP appearing for Respondent Nos.1 and 2 and Shri Navandar, learned counsel for Respondent No.3 have opposed for condoning the delay, I am inclined to allow the present application. Hence, the delay caused in filing the present appeal is condoned. The appeal be registered in accordance with law.

45 ca.2737.16.odt It is clarified that as submitted by the Appellants / Applicants, they will not be entitled for any interest of the period of delay in the event of success in appeal.

Copy of the present order be kept in the papers of appeal. Civil application stands disposed of.

[ P. R. BORA, J. ] ndm