Naibrao Ramrao Sawant v. The State Of Maharashtra And Others

1 CA 13827 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 13827 OF 2015 IN FAST/26900/2015 NAIBRAO RAMRAO SAWANT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS -------- Shri. Ajeet B. Kale, Advocate, for applicant. Shri. K.N. Lokhande, Assistant Government Pleader, for respondent Nos.1 and 2.

---------- CORAM: T.V. NALAWADE, J.

DATE : 3rd MARCH 2016 ORDER:

1) Heard learned counsel for the applicant and the learned Assistant Government Pleader for respondent Nos.1 and 2. Nobody is present for respondent No.3. 2) There is delay of 218 days caused in filing appeal. In view of the contentions made in the application and the submission made this Court holds that sufficient cause is shown. However there will be question of making payment of interest at higher rate in respect of this period

2 CA 13827 of 2015 of 218 days if the compensation is enhanced. In view of this circumstance, learned counsel for the claimant makes statement and gives undertaking that the claimant will not be claiming interest in respect of this period if the compensation is enhanced.

3) So, the application is allowed. Delay is condoned subject to condition that interest will not be payable on respect of 218 days if the compensation is enhanced.

4) Notice in appeal. It is waived by learned AGP for respondent Nos.1 and 2. Notice to respondent No.3 made returnable on 12th July 2016. Call record and proceeding.

Sd/- (T.V. NALAWADE, J. ) rsl