Mohammad Harun A. Husain Deshmukh v. The State Of Maharashtra And ORS

(1) 908 CA-10624.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10624 OF 2021 IN FAST/33448/2019 MOHAMMAD HARUN A. HUSAIN DESHMUKH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Arun Koralkar, Advocate for the applicant. Mr. S.R. Yadav -Lonikar, A.G.P. for respondent Nos. 1 and 2. ...

CORAM :

SANDIPKUMAR C. MORE,J.

DATED :

02.08.2022.

ORDER:- 1.

The applicant is claiming condonation of delay of 1621 days in fling the frst appeal against the award dated 06.02.2015 in LAR No. 306 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 respondent No. 3 - Acquiring Body though served, but remained absent. The learned A.G.P. strongly opposed the application on the ground of such inordinate delay.

3.

However, considering the statutory right of the applicant and for the reasons stated in the application, the

(2) 908 CA-10624.2021.odt application is allowed and delay of 1621 days stands condoned, subject to condition that the applicant shall not claim any interest for such delay period.

4.

The Civil Application is accordingly disposed of. 5.

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

(SANDIPKUMAR C. MORE, J.) vd_dhirde