Dhrupadabai Tribak Dongare v. The State Of Maharashtra And ORS

(1) 952 CA-5831.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5831 OF 2022 IN FAST/33560/2019 DHRUPADABAI TRIBAK DONGARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Pankaj Bharat, Advocate holding for Mr. D.M. Pingle, Advocate for the applicant.

Mr. A.A. Jagatkar, A.G.P. for respondent Nos.1 and 2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

05.08.2022.

ORDER:- 1.

The applicant - claimant is seeking condonation of delay of 1287 days in challenging the award dated 08.11.2016 in LAR No. 348 of 2013. According to the applicant, the delay has been caused due to their poor fnancial condition. 2.

The learned A.G.P. for respondent Nos.1 and 2 has strongly opposed the application and submitted that the applicant, despite fling the appeal in the year 2019, circulated the same on 30 June 2022, and therefore, the interest for the period of such late circulation should not be awarded.

(2) 952 CA-5831.2022.odt 3.

Under such circumstances and considering the statutory right of the applicant, the application is allowed and the delay of 1287 days caused in fling the appeal stands condoned. However, the applicant shall not be entitled for the interest for the aforesaid period of delay and also for the delay in circulating this application which has been fled in October 2019 but circulated on 30 June 2022. As such, the applicant shall not be entitled for the interest for that period also. 4.

The Civil Application stands disposed of.

5.

The frst appeal be placed for admission, after removal of offce objections, if any.

(SANDIPKUKAR C. MORE, J.) vd_dhirde