Shivshankar Madhavrao Chitkote Died Thr Lrs Sarojabai And Others v. The State Of Maharashtra And ANR

( 1 ) ca8161.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8161 OF 2016 IN RC/362/2016 SHIVSHANKAR MADHAVRAO CHITKOTE DIED THR LRS SAROJABAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR Mr.Amit S. Deshpande, Advocate for the applicant Mr.A.S.Shinde, AGP for the respondent/State CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

15.06.2018 P.C. :- .

Heard Mr. Adgaonkar, learned counsel h/f Mr.Deshpande, learned counsel appearing for the applicant.

2.

The present application is filed for quashing the order passed by the learned Registrar dated 15.03.2016 thereby registration of the appeal was refused for non-compliance of the office objection. Mr. Adgaonkar, learned counsel submitted that only objection is in respect of deficit court fees. He submitted that only the income source of the applicant is agricultural and due to continuous droughts situation the applicant was not having sufficient funds. As such he was unable to

( 2 ) ca8161.16 pay the court fees. Learned counsel submits that the applicant has raised substantial grounds in the appeal. The applicant who is agriculturist and was claimant before the Court below has been awarded of meager amount of compensation. Being dissatisfied with the meager amount of compensation appeal is before this Court for seeking enhancement in the compensation. The refusal on technical ground would put the applicant/appellant to a serious prejudice. Learned counsel appearing for the applicant/appellant undertakes to remove the office objection in respect of the deficit court fees within two weeks. Undertaking of the learned counsel is accepted. The application is allowed to restore and disposed of. The order of refusal of the registration is set aside. The applicant, if deposits the amount within two weeks, office to accept the same.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] VishalK/ca8161.16