Nagorao Pandurang Kale v. The State Of Maharashtra

CA 13280/2015

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 46 CIVIL APPLICATION NO. 13280 OF 2015 IN RC/1850/2008 NAGORAO PANDURANG KALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Adkine S.k.

AGP for Respondent No. 1: Miss R. P. Gaur ...

CORAM : T.V. NALAWADE, J.

DATED : 11th January, 2016.

PER COURT :

1.

The application is filed for setting aside the order made by the learned Registrar Judicial of refusal of registration and also for condonation of delay caused in filing the present application. In view of the contents of the application and submissions made, this Court holds that there is sufficient cause shown, however, huge delay of 2752 days has been caused in filing the present application and, it will not be proper to fasten the liability on respondent in case compensation is enhanced. The learned counsel for applicant makes a statement that the applicant will not be claiming interest in respect of this delay period.

2.

So, the application is allowed. Delay is condoned

CA 13280/2015 subject to condition that no interest will be paid on the amount, if any, enhanced in the appeal for above delay period. If the Court fees is not paid and office objections are not removed till 29.1.2016, it is to be presumed that the matter is dismissed. 3.

The learned counsel for the applicant is advised to produce copies of the previous matter as papers are destroyed. Matter is to be reconstructed.

[ T.V. NALAWADE, J. ] ssc/