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Bombay High CourtCA/5650/2020delay condonatedrejected

Sheshrao Vithoba Patil v. State Of Maharashtra And ORS

2022-08-19Hon'Ble Shri Justice Sandipkumar C. More2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5650 OF 2020 IN FIRST APPEAL ST. NO. 7651 OF 2019 Sheshrao Vithoba Patil Applicant

Versus

State of Maharashtra & others Respondents WITH CIVIL APPLICATION NO. 5652 OF 2020 IN FIRST APPEAL ST. NO. 8040 OF 2019 WITH CIVIL APPLICATION NO. 5651 OF 2020 IN FIRST APPEAL ST. NO. 8043 OF 2019 Mr. V. V. Ingale, advocate for the applicants. Mr. P. N. Kutti, AGP for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE J.

DATE : 19th August, 2022.

PC :

Heard rival submissions. None appears on behalf of Respondent No.3-acquiring body despite service. The applicants are claiming condonation of delay of 2296 days in challenging the respective awards in these appeals. They have claimed that the delay has been caused mainly due to their poor fnancial condition.

The learned AGP strongly opposed the applications and submits that if the applications are allowed, then the applicants therein shall not claim any interest for the aforesaid delay

{2} ca565020.odt period as well as the period spent in taking delayed circulation. In view of the same and for the reasons stated in the applications, both the applications are allowed and the delay of 2296 days stands condoned subject to the condition that the applicants shall not claim any interest for the aforesaid delay period as well as for the period spent in taking circulation belatedly. Accordingly, both the applications are disposed of. (SANDIPKUMAR C. MORE) JUDGE adb