Shivaji Narayan Gavane v. The State Of Maharashtra And ANR

2024:BHC-AUG:21386 1 78

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 78 CIVIL APPLICATION NO. 1464 OF 2013 WITH FAST/28092/2012 SHIVAJI NARAYAN GAVANE

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant :

Mr. S. D. Jayabhar h/f. Mr. Jayabhar Dattatraya R. AGP for Respondent/State: Mr. S. S. Dande ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 09th SEPTEMBER, 2024 PER COURT:

1.

Heard.

2.

The learned counsel for the applicant submits that due to financial constraint the applicant was not able to prefer the appeal in time. He submits that the applicant would not claim any interest on the compensation amount so also statutory benefits for the delayed period of 2302 days.

3.

For the reasons stated, delay is condoned in filing the first appeal. The first appeal be registered. However, in the event, the appeal is allowed in favour of the appellant, the appellant would not be entitled

2 78 for interest, on the compensation granted, for the delayed period of 2302 days in filing the first appeal.

4.

Civil Application No.1464 of 2013 for condonation of delay stands disposed of.

5.

The First Appeal is admitted. On admission, the learned AGP waives notice for respondent no.1. Call R & P. Office objections, if any, to be removed within a period of four (04) weeks from today. 6.

Tag along with First Appeal No.878 of 2010.

[ARUN R. PEDNEKER, J.] marathe