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Bombay High CourtCA/13213/2015admittedallowedgrantedrule absolute

Ashruba Dattu Bangar Dince Deceased Thr Lrs Ashrabai And Others v. The State Of Maharashtra And Another

2016-02-12Hon'Ble Shri Justice T.V. Nalawade2 pages

1 C.A. 13213.2015 IN F.A. St. 27684.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13213 OF 2015 IN FIRST APPEAL STAMP NO. 27684 OF 2015 Ashruba Dattu Bangar [since deceased thr. L.Rs. & Ors.] ..... APPLICANTS V E R S U S The State of Maharashtra & Anr. .... RESPONDENTS .....

Mr. R.G.Hange, Advocate for Applicants.

Mr. S.R.Yadav, A.G.P. for R.Nos. 1 & 2 - State. .....

CORAM : T.V.NALAWADE, J.

DATE : 12th FEBRUARY, 2016 ORAL ORDER :- .

The application is filed for condonation of delay of 3468 days caused in filing Appeal against the Judgment and Award of the Reference Court.

2.

The original claimant wants to file proceeding for enhancement of compensation.

3.

In view of the contentions and the submissions made, this Court holds that sufficient cause is shown.

2 C.A. 13213.2015 IN F.A. St. 27684.2015.odt 4.

However, there will be the question of making payment of interest for 3468 days caused in filing Appeal. Learned counsel for the applicants makes a statement that the applicants are giving undertaking that they will not claim interest for the above period. 5.

In view of the statement made in respect of giving undertaking, Civil Application is allowed. Delay is condoned.

6.

Civil Application is disposed of.

[T.V.NALAWADE, J.] KNP/C.A. 13213.2015 IN F.A. St. 27684.2015.odt