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Shivaji Apparao Hudge v. The State Of Mah And ANR

2016-01-21Hon'Ble Shri Justice T.V. Nalawade2 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 1981 OF 2013 IN FAST/28613/2012 WITH CA/1979/2013 IN FAST/28612/2012 WITH CA/1980/2013 IN FAST/28615/2012 SHIVAJI APPARAO HUDGE

VERSUS

THE STATE OF MAH AND ANR ...

Advocate for Applicant : Sontakke Gajanan K And P G Sontakke AGP for Respondents:

Advocate for Respondents :

Advocate for Respondents :

Advocate for Respondents :

Advocate for Respondents :

Govt. Pleader Gp For R/1s G Sangle For R/2 *** CORAM: T. V. NALAWADE, J.

DATED:

21st JANUARY, 2016.

PER COURT:

1.

The original claimant, owner >>>>>>> wants to file appeal against judgment and Award of Reference Court and there is a delay of 967 days caused in filing the appeals. Heard both the sides.

2.

In view of the contents of the application and the submissions made this Court holds that sufficient cause is shown. However, there will be question of making payment

-:(2):- of interest on higher rate in respect of the period of 967 days. In view of this circumstance, learned counsel for the appellant, applicant makes a statement that the claimants will not be claiming interest for the period of 967 days. In view of such undertaking, this Court holds that delay needs to be condoned.

3.

In the result, all the three applications are allowed and disposed of. Subject to the condition that no interest will be payable for 967 days if the compensation is enhanced. Learned counsel for the Appellant produced a copy of order made by this Court in first appeal st. 14432 of 20>>>... dated 27th June, 2014 and submitted that the other connected appeals are admitted by this Court. Copy is taken on record. In view of the submissions made, and the reasoning given, this Court holds that these appeals need to be admitted. >>>>>>>>>>> All the appeals are admitted.

Learned counsel for the acquiring body and learned A.G.P. Waives notice.

Liberty is given to file private paper book.

[T. V. NALAWADE, J.] Dt.21/01/2016.

ans/1981