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Bombay High CourtCA/1383/2020delay condonatedrejected

Bhaurao Tawaji Magar (Died) Thr Lrs Kakasaheb And ORS v. The State Of Maharashtra And ANR

2022-08-12Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 907 CIVIL APPLICATION NO.1383 OF 2020 IN FAST/37511/2019 BHAURAO TAWAJI MAGAR (DIED) THR LRS KAKASAHEB AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr.Rodge Suresh N.

and Mr. A.R. Shinde AGP for Respondents - State : Mr. P. N. Kutti ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 12.08.2022 PER COURT :

.

The applicants are seeking condonation of delay of 2317 days in filing first appeal against award dated 26.04.2013 in L.A.R. No. 533/2010. They claim that due to drought situation, they could not file the appeal within time, since they were facing financial crunch.

2. The learned AGP strongly opposed the application and in the alternative submits that if the delay is condoned, the interest for the delay period and also for the period spent in late circulation, should not be allowed.

3.

In view of the same, the application stands allowed and the delay of 2317 days stands condoned subject to condition that the

applicants shall not claim any interest for the aforesaid delay and also for the period spent in late circulation of the matter. The application is accordingly disposed of.

4.

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

(SANDIPKUMAR C. MORE) JUDGE .....

shp/-