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Bombay High CourtCA/198/2022delay condonatedrejected

Sibanbee Shamshoddin Sayyad (Died) Thr Lrs Ismail And ORS v. The State Of Maharashtra And ANR

2022-02-22Hon'Ble Shri Justice Vinay Joshi2 pages

( 1 ) 918 CA 196-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.196 OF 2022 IN FAST/30567/2019 AND CIVIL APPLICATION NO.232/2022 IN FAST/30447/2019 AND CIVIL APPLICATION NO.198/2022 IN FAST/30569/2019 AND CIVIL APPLICATION NO.233/2022 IN FAST/30565/2019 USMAN MAULA SAYYAD (DIED) THR LRS GULAB USMAN SAYYAD

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr. Subhash S. Chillarge AGP for Respondents-State : Mr. S.N. Kendre ...

CORAM : VINAY JOSHI, J.

DATED : 22nd FEBRUARY 2022 PER COURT:

1.

These applications are for condonation of delay of 1911 days caused in filing first appeal, challenging the impugned judgment and award for seeking enhancement of compensation amount. 2.

Learned AGP for respondents-State has objected for condonation of delay.

3.

The applicants have set out the reasons for delay in para 4 and 5 of the applications. Besides that, it is pointed out that though the award was passed in the year 2014, the compensation amount has been

( 2 ) 918 CA 196-22 received in the year 2018. It is submitted that due to paucity of funds, the applicants were not in a position to take expeditious steps. 4.

Considering the above reasons and the nature of litigation, delay stands condoned subject to, the applicants are not entitled for interest and other statutory benefits for the delayed period. 5.

All the applications stand disposed of.

6.

Office to verify and register the appeals.

[ VINAY JOSHI, J. ] sarowar