Shesherao Bhojraj Chavan (Died) Thr Lrs Ajit And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO.4864 OF 2021 IN FAST/15256/2019 WITH CA/4865/2021 IN FAST/15457/2019 WITH CA/4866/2021 IN FAST/15461/2019 WITH CA/4867/2021 IN FAST/15449/2019 WITH CA/4868/2021 IN FAST/15465/2019 WITH CA/4869/2021 IN FAST/15452/2019 RATNABAI VISHWANATH DHULSHETTE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Chillarge Subhash S. AGP for Respondents - State : Mr. A. A. Jagatkar ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 04.08.2022 PER COURT :

.

The applicants in all these applications are seeking condonation of delay of 2110 days in fling frst appeal against award dated 23.04.2013 in their respective LAR Numbers. However, this Court under order dated 13.12.2021 expressed its opinion that if the delay is condoned then the applicants may not be entitled for interest or any other monetary benefts for the entire delay of 2110 days plus additional period of two and half years.

2.

The learned AGP strongly opposed the applications and submitted that the additional two and half years period is mentioned by this Court in the aforesaid orders mainly because despite fling the appeal in the year 2019, the applicants failed to take urgent circulation till 2022. The respondent No.2 - acquiring body though served but remained absent.

3.

In view of the same and considering the earlier observations, the delay of 2110 days stands condoned subject to condition that the applicants shall not be entitled for claiming interest for the aforesaid period of delay plus for the period of two and half years as mentioned in earlier order dated 13.12.2021. The applications stand allowed and accordingly disposed of.

4.

Appeals be placed for admission after removal of ofce objections, if any.

(SANDIPKUMAR C. MORE, J) JUDGE .....

shp/-