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Bombay High CourtCA/10773/2017disposed offdismissed for default

Rahim Abdul Bagwan v. The State Of Maharashtra And ORS

2019-02-05Hon'Ble Shri Justice P.R. Bora2 pages

1 10773.2017.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

927 CIVIL APPLICATION NO.10773 OF 2017 IN FAST/25433/2017 WITH CA/10774/2017 IN FAST/25697/2017 WITH CA/10775/2017 IN FAST/25695/2017 WITH CA/10776/2017 IN FAST/25699/2017 RAHIM ABDUL BAGWAN

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Shri Shrikant B Madde AGP for Respondents No.1 & 2 : Shri A.M. Phule Respondent No.3 - Served.

...

CORAM : P.R. BORA, J.

Dated: February 05, 2019 PER COURT :

1.

Heard the learned Counsel appearing for the respective parties. The applicants have undertaken not to claim interest for the period of delay in the event of their success in appeal. In view of the submission made, the following order is passed.

ORDER

(i) The delay of 1278 days caused in filing the appeals is condoned. Appeals be registered in accordance with law. Civil Applications for condonation of delay stand disposed of.

2 10773.2017.CA.doc (ii) After registration of the appeals, issue notice to the respondents. Learned AGP Shri Phule waives notice for all the respondents.

(iii) It is clarified that, in the event of their success in appeals, the appellants shall not be entitled for the interest of the period of delay on the enhanced amount of compensation. (iv) The copy of the present order be kept along with the papers of appeal.

2.

List the appeals for further consideration after six weeks. 3.

Call for Record & Proceedings.

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

ggp