Harchand Bhivasan Pawar v. The State Of Maharashtra And Others

2025:BHC-AUG:9240 1 943.CA.-3278-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3278 OF 2015 IN FAST/7148/2015 HARCHAND BHIVASAN PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. S.P. Salgar h/f Mr. Devakate Anant R AGP for Respondent Nos.1 to 3 : Mrs. Ashlesha S. Deshmukh ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 28th MARCH 2025 PER COURT :

1.

This application is for condonation of delay of 492 days in preferring appeal, challenging judgment and award dated 30.07.2013.

2.

Learned Counsel for Applicant submits that the delay is unintentional and deserves to be condoned. He would rely on the ground stated in Paragraph No.4 of the application for condonation of delay.

3.

Learned AGP submits that the delay is inordinate and not properly explained.

4.

I do not find that there is anything to castigate a doubt for the

2 943.CA.-3278-2015.doc reasons in Paragraph No.4 for condonation of delay. However it cannot be condoned blanketly. In the interest of justice, I find it fit to deprive the Applicant from interest and the statutory benefit for the period of delay i.e. 492 days.

5.

The Civil Application is allowed by condoning of delay of 492 days in presenting First Appeal on condition that Applicant shall not be entitled to interest and the statutory benefits for the period of 492 days, in case he succeeds in the First Appeal in securing enhanced compensation.

6.

First Appeal shall be registered.

SHAILESH P. BRAHME JUDGE NAJEEB..