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Bombay High CourtCA/9230/2015disposed offdismissed for default

Varsha Gangadhar Depe Power Of Attorney Given To Gangadhar Antram Depe v. The State Of Maharashtra And Others

2016-02-12Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice A. I. S. Cheema3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9230 OF 2015 IN FIRST APPEAL ST.NO.20812 OF 2015 Varsha Gangadhar Depe, through power of attorney given to Gangadhar Antram Depe Applicant

Versus

State of Maharashtra & others Respondents Mrs.P.G.Sontakke, advocate for the applicant. Mr.B.V.Virdhe, A.G.P. for Respondents No.1 & 2. Mr.B.R.Surwase, advocate for Respondent No.3. CORAM : R.M.BORDE & A.I.S.CHEEMA, JJ.

DATE : 12th February, 2016 PER COURT:

This is an application for condonation of delay of 1211 days occurred in presenting the First Appeal challenging judgment and award dated 23.12.2011, passed by Civil Judge, Senior Division, Ahmedpur, in L.A.R. No.197 of 2011. The appellant has tendered an undertaking on record, through her Power of Attorney holder, to the effect that the applicant/appellant will not claim interest for delayed period i.e. for 1211 days and claim towards interest shall stand waived for the aforesaid period. The undertaking is taken on record and marked "X" for identification, which shall bind the applicant/appellant. In view of the undertaking given by the applicant/appellant, in the event of success of appeal, the applicant/appellant shall not be entitled to claim interest for the delayed period of 1211 days.

{2} The application seeking condonation of delay occurred in presenting appeal stands allowed.

Civil Application is disposed of.

A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE adb/ca923015

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL ST.NO.20812 OF 2015 Varsha Gangadhar Depe, through power of attorney given to Gangadhar Antram Depe Appellant

Versus

State of Maharashtra & others Respondents Mrs.P.G.Sontakke, advocate for the appellant. Mr.B.V.Virdhe, A.G.P. for Respondents No.1 & 2. Mr.B.R.Surwase, advocate for Respondent No.3. CORAM : R.M.BORDE & A.I.S.CHEEMA, JJ.

DATE : 12th February, 2016 PER COURT:

Heard learned Counsel for respective parties. Appeal is admitted.

Learned Counsel for respective respondents waive notice.

A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE adb/ca923015