Tryambak Nathu Sonar Died Thr Lrs Wenubai Tryambak Nathu And ORS v. The Sub-Divisional Officer, Pachora And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO. 8224 OF 2012 IN FAST/16766/2012 TRYAMBAK NATHU SONAR DIED THR LRS WENUBAI TRYAMBAK NATHU AND ORS

VERSUS

THE SUB-DIVISIONAL OFFICER, PACHORA AND ANR ...

Advocate for Applicants : Mr. TM Tandale, Adv. h/for Mr. Kale Ajeet B.

Mr. G.O.Wattamwar, AGP for Respondents:

...

CORAM : P.R. BORA, J.

Dated: August 05, 2016 ...

PER COURT :- 1) Heard. Delay of 988 days has occurred in filing the present appeal by the original claimants against the Award passed in LAR No. 42/2003.

2) Learned AGP has opposed for condoning the delay. Learned AGP, has alternatively submitted that in case the Court condones the delay, the claimants may not be made entitled for the interest for the period of delay.

3) Learned Counsel appearing for the applicants/appellant submits that the appellant will not claim interest of the delayed period.

BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4) In view of the submissions so made, the application for condonation of delay is allowed and disposed of. Delay cause in filing the appeal is condoned.

5) The Appeal be registered in accordance with law.

6) It is clarified that in the event, the appeal is allowed and the amount of compensation is enhanced, the appellant will not claim interest of the period of delay.

7) Copy of this order be placed in the paper book of the Appeal.

( P.R. BORA, J. ) ...

BDV