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Bombay High CourtCA/609/2019delay condonatedrejected

Prakash Haribhau Potdar v. G.M.I.D.C., Thr Its Ex. Engineer, Osmanabad And ANR

2023-02-01Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} ca609.19.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.609 OF 2019 IN CROSS OBJECTION ST. NO. 39536 OF 2018 IN FIRST APPEAL NO. 305 OF 2014 WITH CIVIL APPLICATION NO.6200 OF 2020 IN CROSS OBJECTION ST. NO. 11972 OF 2019 FIRST APPEAL NO. 464 OF 2014 AND CIVIL APPLICATION NO.3837 OF 2020 IN CROSS OBJECTION ST. NO. 11979 OF 2019 IN FIRST APPEAL NO. 747 OF 2014 WITH CIVIL APPLICATION NO.4157 OF 2020 IN CROSS OBJECTION ST. NO. 11976 OF 2019 IN FIRST APPEAL NO. 1110 OF 2014 WITH CIVIL APPLICATION NO.4174 OF 2020 IN CROSS OBJECTION ST. NO. 11974 OF 2019 IN FIRST APPEAL NO. 1109 OF 2014 WITH CIVIL APPLICATION NO.4419 OF 2020 IN CROSS OBJECTION ST. NO. 9043 OF 2019 IN FIRST APPEAL NO. 1663 OF 2014 WITH CIVIL APPLICATION NO.737 OF 2023 IN CROSS OBJECTION ST. NO. 11380 OF 2022 IN FIRST APPEAL NO. 3118 OF 2013 Mr. V. V. Ingale, advocate for the Applicant Mr. S. R. Dheple, advocate for Respondent No.1. Mr. A. B. Chate, AGP for Respondent No.2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01st February, 2023.

{2} ca609.19.odt PC :

Heard rival submissions.

The respective applicants, in all these applications, are seeking condonation of delay periods as mentioned therein in fling Cross Objections. The delay appears to be caused since the applicants received the compensation amounts belatedly.

Though the learned AGP strongly opposed the applicationS, but considering statutory right of the applicants, the aforesaid periods of delay stand condoned subject to the condition that the applicants shall not claim any interest for the aforesaid delay periods on the enhanced amount of compensation, if granted.

The Cross Objections be registered after removal of offce objections, if any.

Civil Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb