Keshav Bhawani Wagh, L.Rs. Kailas And Others v. The State Of Maharashtra And Others

1 CA 15750 of 2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No.15750 of 2013 In First Appeal Stamp No. 6540 of 2013 Keshav s/o Bhawani Wagh (Died), through legal representatives. .. Applicants.

Versus

The State of Maharashtra & Others. .. Respondents. -------- Shri. S.K. Adkine, Advocate, for the applicant. Shri. K.N. Lokhande, Assistant Government Pleader, for respondent Nos.1 and 2.

---------- CORAM: T.V. NALAWADE, J.

DATE : 10th FEBRUARY 2016 ORDER:

1) The application is filed for condonation of delay of 2181 days caused in filing appeal against the judgment and award of the Reference Court. Both sides are heard. 2) It appears that the original claimant Sandu was made respondent but the matter as against him is dismissed. This point is kept open.

2 CA 15750 of 2013 3) In view of the contentions made in the application and the submission made this Court holds that sufficient cause is shown. However there will be question of making payment of interest and giving statutory benefits which may be huge if the compensation is enhanced. In view of this possibility, learned counsel for the applicant, original claimant makes statement and gives undertaking that the claimant will not be claiming interest and other statuary benefits in respect of 2181 days. In view of this statement and the undertaking, the application is allowed. Delay is condoned.

4) Notice in appeal. Learned Assistant Government Pleader waives notice for respondent Nos.1 and 2. Call record and proceeding. Stand over to 20th June 2016.

Sd/- (T.V. NALAWADE, J. ) rsl