Gulab Rupchand Vanjari v. The State Of Maharashtra And ORS

( 1 ) 925 ca 5587.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO.5587 OF 2020 IN FAST/14124/2019 WITH CA/5588/2020 IN FAST/14172/2019 GULAB RUPCHAND VANJARI

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. Tandale Tushar M AGP for Respondents/State : Mr. S.B. Yawalkar Advocate for R/4 : Mr. A.B. dhongade ...

CORAM : Y.G. KHOBRAGADE, J.

DATE : 30.06.2023 P.C.:- 1.

Heard learned counsel Mr. Tandale for the applicants, learned counsel A.B. Dhongade for respondent no.4 and Mr. P.K. Lakhotiya the learned AGP at length.

2.

The applicants have filed present applications under Section 5 of the Limitation Act and prayed for condonation of delay of 632 days caused while lodging the appeals against the judgment and award dated 02.05.2017 passed by the learned Jt. C.J.S.D., Jalgaon in L.A.R. Nos.90/2008 & 92/2008. The learned AGP and learned counsel Mr. Dhongade for respondent no.4 have strongly resisted the applications, however the learned AGP submits that the

( 2 ) 925 ca 5587.20 applicants would not be entitled for the interest on the delayed period. 3.

Since the applicants have assigned the reason that they are Agriculturist and after enhancement of compensation they obtained the certified copy and due to some personal difficulty they could not lodge the appeals within the stipulated period. Therefore, considering the nature of claim, the delay of 632 days caused in lodging the appeal is hereby condoned. The Civil Applications are allowed. However, the applicants would not be entitled for interest on the delayed period. Office to register the appeals and place before the Court for further action.

[Y.G. KHOBRAGADE, J.] mub