A. Husain A. Shakur Deshmukh (Died) Thr Lrs Julekhabegum A. Husain And ORS v. The State Of Maharashtra And ORS

(1) 909 CA-10627.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10627 OF 2021 IN FAST/33452/2019 A. HUSAIN A. SHAKUR DESHMUKH (DIED) THROUGH LRS JULEKHABEGUM A. HUSAIN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Arun Koralkar, Advocate for the applicants. Mr. P.N. Kutti, A.G.P. for respondent Nos. 1 and 2. Mr. Avinash Hande, Advocate holding for Mr. Anil M. Gaikwad, Advocate for respondent No. 3. ...

CORAM :

SANDIPKUMAR C. MORE,J.

DATED :

02.08.2022.

ORDER:- 1.

The applicants are claiming condonation of delay of 1623 days in fling the frst appeal against the award dated 04.02.2015 in LAR No. 302 of 2010. The learned Counsel for applicants submits that the Acquiring Body deposited the amount belatedly and the applicants 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 applicants and for the reasons stated in the Application, the application is allowed and the delay of 1623 days stands condoned in the interest of justice, subject to

(2) 909 CA-10627.2021.odt condition that the applicants 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