Vishwas Ramrao Patil v. The State Of Maharashtra And ORS

1 13258.2017.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

962 CIVIL APPLICATION NO.13258 OF 2017 IN FAST/35265/2016 VISHWAS RAMRAO PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Shri Abhijit S. More AGP for Respondents No.1 & 2 : Shri P.M. Kulkarni Advocate for Respondent No.3 : Shri A.M. Gaikwad ...

CORAM : P.R. BORA, J.

Dated: January 30, 2019 PER COURT :

1.

In connected appeals, the delay of similar period has been condoned by this Court. The learned Counsel for the applicant has tendered across the bar the copy of the said order passed in Civil Application No.16387 of 2016 in First Appeal (St.) No.32804 of 2016 and has prayed for passing similar order in the present matter.

2.

Learned Counsel Shri Gaikwad and learned AGP Shri Kulkarni have submitted for passing appropriate orders. 3.

In view of the submissions made, the following order is passed.

ORDER

(i) For the reasons recorded by this Court in CA No.7494/2016 in FAST No.32161/2015, the present civil

2 13258.2017.CA.doc application stands allowed. The delay occurred in filing the appeal is condoned. The appeal be registered in accordance with law;

(ii) It is clarified that the applicant shall not be entitled for the interest and/or other statutory benefits for the period of delay, i.e. 1612 days, in the event he succeeds in the present appeal and consequently the amount of compensation is enhanced, on the enhanced amount of compensation. ( P.R. BORA, J. ) ggp