Uttam Namdeo Munde v. The State Of Maharashtra And ORS

1 913-ca 504-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 504 OF 2018 IN FAST/24022/2017 Uttam Namdeo Munde .. Applicant

Versus

The State of Maharashtra and others .. Respondents Mr. H. B. Nandagavale, Advocate for the Applicant. Ms. D. S. Jape, AGP for the Respondents-State. CORAM : ANIL L. PANSARE, J.

DATED : 05th JULY 2022.

PER COURT:- .

The applicant is seeking condonation of delay of 984 days caused in filing first appeal. The claimant is ready to forego the statutory interest for the period of delay.

2.

The learned A.G.P. has opposed the application on the ground that the delay is not properly explained.

3.

Since there appears no malafide in filing belated appeal and since the applicant has shown willingness to waive the statutory interest on the delayed period, the application deserves to be allowed. 4.

In view of the above and for the reasons mentioned in the

2 913-ca 504-2018.odt application, the delay stands condoned subject to applicant filing an undertaking that he will forego statutory interest payable to him for the delayed period, if appeal is allowed.

5.

Civil application is disposed of in above terms. ( ANIL L. PANSARE ) JUDGE P.S.B.