Ramakant Kondiba Supekar Died Thr Lrs Lilawati And ORS v. The State Of Maharashtra And ORS

1 14961.2016CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

942 CIVIL APPLICATION NO.14961 OF 2016 IN FAST/28006/2016 RAMAKANT KONDIBA SUPEKAR DIED THR LRS LILAWATI AND ORS .. Applicants

VERSUS

THE STATE OF MAHARASHTRA AND ORS .. Respondents ...

Advocate for Applicants : Shri. R.V. Naiknavare AGP for Respondents No.1 & 2: Shri. R.B. Bagul Advocate for Respondent No.3 : Shri. M.N. Navarde ...

CORAM : P.R. BORA, J.

Dated: August 02, 2017 PER COURT :- .

The delay of 1024 days has occurred in filing the present appeal by the original claimant. Shri. Navarde the learned Counsel for the respondent no.3 has opposed for condoning the delay stating that, the reasons which are assigned in the application are insufficient to condone the delay. I have gone through the contents of the application. The reasons which are assigned cannot be outrightly rejected. Moreover, the appellant - applicant has undertaken not to claim any interest for the period of delay in the event the appeal is allowed and the amount of compensation is enhanced, on the enhanced amount of compensation. As such, I am inclined to allow the present application. Hence, the following order.

2 14961.2016CA

ORDER

1.

The application is allowed.

2.

The delay of 1024 days caused in filing the appeal is condoned. The appeal be registered in accordance with law. As undertaken by the appellant, he will not be entitled for any interest for the period of delay in the event the appeal is allowed and the amount is enhanced, on the enhanced amount of compensation. Civil application stands disposed of.

3.

The copy of the present order be kept along with the papers of appeal.

( P.R. BORA, J. ) ggp