Mandodari Nanasaheb Awargade v. Executive Engineer, Nimna Dhudhana Project Selu And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO.

WITH CA/14152/2017 IN FAST/32894/2017 WITH CA/14153/2017 IN FAST/31527/2017 WITH CA/14154/2017 IN FAST/31470/2017 WITH CA/14155/2017 IN FAST/31064/2017 WITH CA/14156/2017 IN FAST/31076/2017 WITH CA/14157/2017 IN FAST/31040/2017 WITH CA/14158/2017 IN FAST/30911/2017 WITH CA/14160/2017 IN FAST/30907/2017 ABASAHEB BAPURAO KHARAT (DIED) THR LRS ZUGARABAI AND ORS

VERSUS

EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS ...

Advocate for Applicants : Mr. Randive Sachin S. AGP for Respondent State: Mr. S. M. Ganachari Advocate for Acquiring Body: Mr. S.G. Bhalerao

CORAM

: K. L. WADANE, J.

DATE :

7th December, 2017 ORDER:

1.

Heard learned counsel for the respective parties. 2.

These are applications for condoation of delay of caused in filing the Appeals against the impugned judgment and award.

3.

Mr. Randive, the learned counsel appearing for the applicant submits that the applicants are financially poor and they were was unable to pursue the proceeding due to poverty.

Learned counsel respondents opposed the application on the ground that there is inordinate delay in filing the present appeals and it has not been explained 2/3

satisfactorily. The delay caused in filing the appeals is not accidental and it is an intentional. In the alternate, the learned counsel submits that if the applicants succeed, they shall not be entitled for the amount of interest and/or other statutory benefits for the period for which the delay sought to be condoned.

4.

In view of the observations made by the Supreme Court in the case of Ramanlal Deochand Shah Vs. State of Maharashtra and another, reported in AIR 2013 SC 3452, the delay can be condoned on the condition that in case the appellant succeeds in the first appeals, then they will not be entitled for the amount of interest on monetary benefits and/or other statutory benefits for the period of delay and it is accordingly condoned.

5.

Civil applications are accordingly disposed of. (K. L. WADANE, J.) JPC 3/3