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Bombay High CourtCA/10634/2021delay condonatedrejected

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

2022-08-02Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 910 CA-10634.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10634 OF 2021 IN FAST/33553/2019 MOHAMMAD FARUKH A. HUSAIN DESHMKH

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. Mr. Anand Chawre, Advocate for respondent No. 3. ...

CORAM :

SANDIPKUMAR C. MORE,J.

DATED :

02.08.2022.

ORDER:- 1.

The applicant is claiming condonation of delay of 1625 days in fling appeal against the award dated 05.02.2015 in LAR No. 303 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 holding 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 delay of 1625 days stands condoned in the interest of justice subject to condition

(2) 910 CA-10634.2021.odt 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