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Shivaji Subhash Patil And Another v. The State Of Maharashtra And Another

2016-02-29Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 12656/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 59 CIVIL APPLICATION NO. 12656 OF 2015 IN FAST/27567/2015 WITH FA/55/2015 WITH CA/12654/2015 IN FAST/27636/2015 RAJPAL SHANKAR PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER -------- Shri. Suraj V. Gundre, Advocate, for applicants. Shri. C.V. Dharurkar, Assistant Government Pleader, for respondents.

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

DATE : 29th FEBRUARY 2016 ORDER:

1) Learned counsel for the applicant has produced copy of order made by this Court in Civil Application No.13095/2013 and submitted that in similar circumstances delay is condoned by this Court in the matter arising out of the same group. It is contended that only due to not depositing the compensation amount in time delay is caused.

2) In view of the contentions made in the application and the submissions made this Court holds that sufficient cause is shown. However there will be

2 CA 12656/2015 question of payment of interest for 3033 days. Learned counsel for the claimants makes statement and gives undertaking that the claimants will not be claiming interest for these days.

3) So the applications are allowed. Delay is condoned subject to condition that the original claimants will not be claiming interest in respect of of the period of 3033 days.

4) Both the appeals are admitted. Notice after admission. It is waived by the learned Assistant Government Pleader.

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