Mukund Motiram Jogdande v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.747 OF 2017 25 CIVIL APPLICATION NO. 747 OF 2017 IN FAST/39125/2016 MUKUND MOTIRAM JOGDANDE

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr.Pahune Patil Nandkishor J. AGP for Respondent State: Mr. S.P.Sonpawale Advocate for respondent no.2: Mr. S.M.Ganachari. ...

CORAM : P.R. BORA, J.

Dated: August 04, 2017 ...

PER COURT :- 1.

Though delay of 1343 days has occurred in filing the appeal, the appellant has now undertaken not to claim interest for the period of delay in the event of appeal is allowed and the amount of compensation is enhanced on the amount of enhanced compensation. It is further brought to my notice that in companion matters i.e. CA No.12628 of 2016 with connected matters, on 30th November, 2016, this Court has condoned the delay. Hence, following order is passed:

ORDER

1.

The delay in filing the application is condoned. The appeal be registered in accordance with law. Civil Application for condonation of delay stands disposed of.

agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.747 OF 2017 2.

It is clarified that in the event appeal is allowed, and the amount of compensation is enhanced, the applicant will not be entitled for the interest and statutory benefits for the period of delay on the amount of enhanced compensation. ( P.R. BORA, J. ) ...

agp/-