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Bombay High CourtCA/15212/2018disposed offdismissed for default

Uddhav Pandurang Yekambe And Others v. The State Of Maharashtra And Others

2019-01-18Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLIATION NO. 15210 OF 2018 IN WRIT PETITION NO. 3191 OF 2018 Avinash Narayan Kolhe and others ..

Applicants

Versus

The State of Maharashtra and others ..

Respondents WITH CIVIL APPLIATION NO. 15212 OF 2018 IN WRIT PETITION NO. 3206 OF 2016 Pandurang Madhav Yekamble ..

Applicant

Versus

The State of Maharashtra and others ..

Respondents WITH CIVIL APPLIATION NO. 822 OF 2019 IN WRIT PETITION NO. 3199 OF 2016 Dhondiram Dasu Kolhe and others ..

Applicants

( 2 )

Versus

The State of Maharashtra and others ..

Respondents Shri. T. M. Venjane, Advocate for Applicants. Shri. S. M. Ganachari, A.G.P. for Respondent/State. Shri. T. M. Venjane, Advocate for Applicants. Smt. P. V. Diggikar, A.G.P. for Respondent/State. Shri. T. M. Venjane, Advocate for Applicants. Shri. G. L. Deshpande, A.G.P. for Respondent/State. Shri. T. M. Venjane, Advocate for Applicants. Smt. A. V. Gondhalekar, A.G.P. for Respondent/State. CORAM : S.V. GANGAPURWALA A. M. DHAVALE, JJ.

DATED : 18 th January, 2019 PER COURT:

.

Mr. Venjane, the learned counsel seeks review of the order passed by this court on 13.03.2016. Under the said order we had allowed the applicant to claim the interest under section 34 and the pending reference and if the references are disposed in the appeal. 2.

Mr. Venjane, the learned counsel points to the order dated 01.05.2002 in writ petition 1532 of 2004 with connected writ petition dated 04.04.2015 and submits that this court may award interest under

( 3 ) section 34.

3.

The order has been passed by this Court almost three years back. We have granted liberty to the applicant to claim said interest in the reference court. The applicants may point out the judgment in the review and the order in Writ Petition No. 1532 of 2004 dated 08.04.2015 to the reference court for claiming the said relief and same would considered by the reference court. With these observations Civil Applications are disposed of.

[A. M. DHAVALE, J] [S. V. GANGAPURWALA, J.] ass/ca 15210.18