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Bombay High CourtCA/2247/2012delay condonatedrejected

Kalawati Nanasaheb Patil v. The State Of Maharshtra And ANR

2022-08-18Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 907 ca 2248-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 CIVIL APPLICATION NO.2248 OF 2012IN FAST/23995/2011 WITH CIVIL APPLICATION NO.2247 OF 2012 IN FAST/23941/2011 BASWESHWAR NANASAHEB PATIL

VERSUS

THE STATE OF MAHRASHTRA AND ANR ...

Advocate for Applicant : Mr. H. B. Nandagavale AGP for Respondent Nos.1 & 2: Mr. P. N. Kutti ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 18/08/2022.

....

P. C. :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 1216 days in challenging the respective impugned awards, which was caused since the amounts of awards were deposited belatedly. 3.

The learned AGP strongly opposed the applications on the ground that despite service to the respondents, the applicants did not take any effort for urgent circulation and therefore, the period spent in taking such circulation, shall also be taken into consideration for not granting any interest.

4.

In view of the same and for the reasons stated in the applications, the delay of 1216 days in both the applications, stands condoned subject to condition that the applicants shall not claim any interest for the aforesaid period of delay. Further, in respect of the delay period in taking late circulation i.e. in the year

2 907 ca 2248-12 2021 after year 2014, the point is kept open as to whether the interest amount can also be denied as submitted by the learned AGP. Accordingly, the applications are disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-