Shobhabai Baliram Nikam (Died) Thr Lrs Piran And ORS v. The State Of Maharashtra And ORS

1 944-CA-3701-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO.3701 OF 2020 IN FAST/29577/2018 SHOBHABAI BALIRAM NIKAM (DIED) THR LRS PIRAN AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS Advocate for Applicant : Mr Y.R. Neb h/f Mr Ajeet B.Kale AGP for Respondent Nos.1 and 2 /State : Mr P.K. Lakhotiya Advocate for Respondent No. 3 : Mr S.B. Kadu CORAM : S.G. CHAPALGAONKAR, J.

DATE : 24-02-2023 PER COURT :

1.

The applicants seek to condone the delay of 421 days caused in filing the appeal against the award passed by the Civil Judge, Senior Division, Jalgaon in LAR No. 514/2009.

2.

The learned advocate appearing for the applicants submits that the delay caused in filing the appeal is not intentional. He invites attention of this Court to the reasons mentioned in para Nos. 2 to 4 and would submit that the delay needs to be condoned.

3.

The learned advocate appearing for the respondents opposed to condone the delay on the ground that the delay has not been properly explained. In alternative, he would submit that in case the delay is condoned, the applicants shall not be entitled to claim the interest for the delayed period.

4.

Having considered the submissions of the learned advocates appearing for the respective parties and reasons specified in para Nos. 2

2 944-CA-3701-2020 to 4 of the civil application, the application is allowed. The delay of 421 days caused in filing the appeal is condoned subject to condition that the applicants shall not be entitled to claim the interest for the period of delay in case their prayer for enhancement of compensation is accepted by this Court in Appeal. The appeal be registered.

[ S.G. CHAPALGAONKAR, J. ] mta