Julekhabegum A. Husain Deshmukh v. The State Of Maharashtra And ORS

(1) 910 CA-10633.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10633 OF 2021 IN FAST/33401/2019 JULEKHABEGUM A. HUSAIN DESHMUKH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Arun Koralkar, Advocate for the applicant. Mr. A.A. Jagatkar, A.G.P. for respondent Nos. 1 and 2. Ms. Vaishali.R. Kalyankar, Advocate holding for Mr. C.D. Biradar, Advocate for respondent No. 3. ...

CORAM :

SANDIPKUMAR C. MORE,J.

DATED :

02.08.2022.

ORDER:- 1.

The applicant is claiming condonation of delay of 1622 days in fling the frst appeal against the award dated 05.02.2015 in LAR No. 304 of 2010. The learned Counsel for applicant submits that the Acquiring Body deposited the amount belatedly and the applicant had also gone to Mumbai in search of work.

2.

The learned Counsel for respondent No. 3 i.e. the Acquiring Body took strong objection. However, considering the statutory right of the applicant and for the reasons stated in the Application, the application is allowed and the delay of 1622 days stands condoned in the interest of justice subject to

(2) 910 CA-10633.2021.odt condition that the applicant shall not claim any interest for such delay period.

3.

The Civil Application is accordingly disposed of. 4.

The First Appeal be placed for admission after removal of offce objections, if any.

(SANDIPKUMAR C. MORE, J.) vd_dhirde