Harirang Snadu Ambhore And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.9272 of 2017 948 CIVIL APPLICATION NO. 9272 OF 2017 IN FAST/16658/2016 WITH FA/495/2015 WITH FA/496/2015 HARIRANG SNADU AMBHORE AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr.Adkine Sonaji K AGP for Respondent State: Mr. S.P.Sonpawale ...

CORAM : P.R. BORA, J.

Dated: July 28, 2017 ...

PER COURT :- 1.

Delay of 1004 days has occurred in filing the appeals by the original claimants. Though learned A.G.P. has opposed for condonation of delay, having regard to the reasons assigned by the claimants in the application which cannot be outrightly rejected, and having regard to the further fact that the applicants have undertaken not to claim the interest of the period of delay, in the event their appeals are allowed, and the amount of compensation is enhanced, on the amount of enhanced compensation, I am inclined to allow the application. Hence, the following order:

ORDER

1.

The Application is allowed. The delay caused in filing the appeal is condoned. The Appeal be registered in - agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.9272 of 2017 accordance with law. It is clarified that the applicants / appellants will not be entitled to the interest for the period of delay i.e. 1004 days in the event they succeed in the appeal and the amount of compensation is enhanced on the said amount of enhanced compensation. Copy of the present order be kept in the papers of appeal. Civil Application stands disposed of. ( P.R. BORA, J. ) ...

agp/-