Madhav @ Mahadeo S/O Radhakisan Khose And ORS v. The State Of Maharashtra And ORS

1 14000.2017.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

924 CIVIL APPLICATION NO. 14000 OF 2017 IN FAST/30339/2017 RAMRAO PANDURANG ROMAN

VERSUS

THE STATE OF MAHARASHTRA AND ORS WITH 925 CIVIL APPLICATION NO. 14004 OF 2017 IN FAST/30337/2017 926 CIVIL APPLICATION NO. 14049 OF 2017 IN FAST/30335/2017 927 CIVIL APPLICATION NO. 14164 OF 2017 IN FAST/30333/2017 928 CIVIL APPLICATION NO. 565 OF 2018 IN FAST/36147/2017 929 CIVIL APPLICATION NO. 569 OF 2018 IN FAST/30341/2017 931 CIVIL APPLICATION NO. 2446 OF 2018 IN FAST/38726/2017 932 CIVIL APPLICATION NO. 2741 OF 2018 IN FAST/36145/2017 933 CIVIL APPLICATION NO. 3159 OF 2018 IN FAST/30502/2017 934 CIVIL APPLICATION NO. 3286 OF 2018 IN FAST/30331/2017 ....

2 14000.2017.CA.doc Advocate for Applicant : Shri Arun H. Koralkar AGP's for Respondents-State in respective matters : Shri A.M. Phule, Shri S.B. Narwade, Shri G.O. Wattamwar, Shri S.P. Deshmukh, Shri R.B. Bagul;

Shri S.G. Sangle, Advocate h/f. Shri Ruturaj Patil, Advocate for Respondent No.3.

CORAM : P.R. BORA, J.

Dated: October 31, 2018 PER COURT :

1.

Issue notice to the respondents. Learned AGP's appearing in the respective matters waive service of notice for the respondents - State and SLAO and learned Counsel Shri S.G. Sangle wavies service of notice for Respondent No.3. 2.

Heard learned Counsel appearing for the respective parties. Delay for the period ranging between 648 to 1556 days has occurred in filing these appeals by the applicant. The learned Counsel submitted that, the State has also preferred the appeals against the Awards, which are impugned in the present appeals and the said appeals are pending. Though the learned AGP's have opposed for condoning the delay, in the alternative have submitted that, if the Court is inclined to condone the delay, in the event of their success in appeals, the applicants -

3 14000.2017.CA.doc appellants be disentitled from claiming interest for the period of delay on the enhanced amount of compensation. 3.

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

ORDER

(i) The applications are allowed.

(ii) The delay caused in filing the appeals is condoned. Appeals be registered in accordance with law. (iii) It is clarified that, in the event of their success in appeals, appellants - claimants in the respective appeals shall not be entitled for the interest for the period of delay on the enhanced amount of compensation.

(iv) The copy of the present order be kept in the papers of appeals.

(v) On registration of the appeals, issue notice to the respondents. Respective learned AGP's waives service of notice for the State and SLAO. Learned Counsel Shri Sangle waives service of notice for respondent No.3.

(vi) Stand over after four weeks.

( P.R. BORA, J. ) ggp