G.M.I.D.C., Aurangabad Thr Its Ex. Engineer, Minor Irrigation Division, Latur v. Babu Masa Londhe And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 963 CIVIL APPLICATION NO.6803 OF 2019 IN FIRST APPEAL [STAMP] NO.8704 OF 2019 GODHAVARI MARATWADA IRRIGATION DEVELOPMENT CORPORATION, AURANGABAD
VERSUS
RAMA SHANKAR SURWASE DIED THROUGH L.RS.
RUKHMINIBAI RAMBHAU SURWASE & OTHERS.
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Mr.R.D.Biradar, Advocate for the applicants - acquiring body.
Mr.S.Y.Patil, Advocate for the respondents - claimants.
Mr.A.A.Jagatkar, AGP for the respondentState. ...
CORAM : V.L.ACHLIYA,J.
DATE : 14.01.2021
P.C.
1] By this group of applications, the applicants - acquiring body has urged to condone the delay in filing the Appeals for the reasons set out in detail in the applications.
2] In brief, it is the contention of the learned counsel for the applicants - appellants that delay caused in filing appeals is not deliberate and intentional but caused primarily for administrative reason.
It is further submitted that the applicants - appellants have good case to succeed in appeals. If delay is not condoned, serious prejudice would be caused to the applicants - appellants. The Reference Court has awarded the interest from the date of notification which is contrary to the full bench decision in the case of State of Maharashtra Vs.
Kailash Shiva Rangari reported in 2016 [3] Mh.L.J. 457. If delay is condoned, no serious prejudice would cause to the other-side. It is submitted the applicants - appellants have agreed to settle the matter with the respondents - claimants and the respondents have agreed to modify the award and to make
the interest to be payable from the date of award. It is submitted that the instructions to that effect are given by the respective claimants to their advocate. If delay is condoned, appeals can be disposed of by mutual consent.
3] Learned counsel for the respondents - claimants have no objections to condone the delay in view of the settlement reached between the parties to modify the award.
4] In view of the submissions advanced in the light of unchallenged and uncontraverted pleadings made in the applications assigning cause for condonation of delay and the parties have reached to the settlement, I am of the view that, delay deserves to be condoned. The condonation of delay in filing appeals would not cause serious prejudice to the respondents - claimants. I am, therefore, inclined to allow the applications. Accordingly, applications filed in respective appeals seeking condonation of delay are allowed in terms of prayer clause-B. Delay condoned. Appeals be registered.
5] Civil Applications are disposed of in above terms.
6] List the Appeals for admission and settlement on 20.01.2021.
[V.L.ACHLIYA] JUDGE DDC