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Bombay High CourtCA/2629/2019disposed offdismissed for default

Sudhakar Govind Yevare And ORS v. The State Of Maharashtra And ORS

2019-07-05Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1103-ca-2629-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1103 CIVIL APPLICATION NO.2629 OF 2019 IN FAST/39159/2018 SUDHAKAR GOVIND YEVARE AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : S.H. Bali h/f Mr. Ashtekar R.K. AGP for Respondent Nos.1 and 2 /State : Mr. A.M. Phule ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 5th JULY 2019 ORDER :

1.

Present application has been filed for getting the delay of 2585 days condoned in filing First Appeal.

2.

The applicant is original claimant who intends to challenge the award passed by the reference Court on the ground of quantum. He has contended that he being illiterate persons was not having sufficient knowledge about the legal proceedings. Though the application has been strongly opposed by respondent No.1 and 2 through learned AGP on the ground that the delay is huge and inordinate and has not been explained on day to day basis.

3.

Taking into consideration the fact that the applicant is illiterate person, liberal approach is taken, delay is condoned.

1103-ca-2629-19.doc 4.

Civil Application stands allowed and disposed of accordingly.

5.

Registry to verify and register the First Appeal and place it for further consideration on 09-12-2019.

6.

Applicant is not entitled to get interest on the amount of compensation enhanced, if any, at the time of disposal of the First Appeal.

( Smt. Vibha Kankanwadi, J. ) Shubham/