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Bombay High CourtCA/14224/2017admittedallowedgrantedrule absolute

Apparao Ganpati Birajdar v. The Regional Officer, Maharashtra Industrial Development Corporation, Latur And ANR

2018-01-05Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale4 pages

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

CIVIL APPLICATION NO.14224 OF 2017 IN CROSS OBJECTION NO.37979 OF 2017 IN FIRST APPEAL NO.883 OF 2016 Apparao Ganpati Birajdar ... Applicant.

Versus

The Regional Officer, Maharashtra Industrial Development Corporation, Latur.

... Respondents.

...

WITH CIVIL APPLICATION NO.14225 OF 2017 IN CROSS OBJECTION NO.37976 OF 2017 IN FIRST APPEAL NO.882 OF 2016 WITH CIVIL APPLICATION NO.14483 OF 2017 IN CROSS OBJECTION NO.38730 OF 2017 IN FIRST APPEAL NO.884 OF 2016.

...

Mr.V.P.Golewar, advocate for the applicants. Mr.S.G.Karlekar, A.G.P. for the State.

...

CORAM : S.V.GANGAPURWALA AND ARUN M. DHAVALE,JJ.

Date : 05.01.2018.

PER COURT :

1.

The present Civil Applications are filed seeking condonation of delay in filing cross-objections.

2.

Mr.Golewar, learned counsel submits that in case the cross-objections of the applicants are allowed, the applicants would not claim the statutory benefits and interest for the delayed period. He undertakes to file an undertaking to that effect in the present CrossObjections. 3.

Mr.Dande, learned counsel for the original appellant submits that the delay is inordinate one and is not explained.

4.

Even otherwise, the Cross-Objections have to be considered along with the appeal. The applicants have shown bonafides by filing an undertaking to waive interest and statutory

benefits for the delayed period.

5.

In light of the above, the present Civil Applications are allowed. Delay in filing Cross-Objections is condoned with a rider that in case the Cross-Objections are allowed, the applicants would waive their right to claim statutory benefits and the interest for the delayed period.

6.

The Civil Applications are disposed of.

(ARUN M.DHAVALE,J.) (S.V.GANGAPURWALA,J.) asp/office/Ca14224.17