Pralhad S/O Punjaji Fad v. The Executive Engineer, Minor Irrigation Division, Washim And Others

19-CAF 2345-21 in FAst 101-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.

OF 20 IN FIRST APPEAL (ST.) NO. 101 OF 2020 PRALHAD S/O. PUNJAJI FAD ...VERSUS...

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, WASHIM AND ANR. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Rahul Ghuge, Advocate Advocate for applicant/appellant. Ms. T. H. Udeshi, AGP for respondent no. 2.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th JU LY , 2023 The present application is filed for condonation of delay of 636 days in preferring the First Appeal.

2.

Ms. T.H.Udeshi, learned AGP for respondent no. 2 opposed the present application and submitted that if at all, the delay is to be condoned, it will be condoned subject to condition that the appellant will not be entitled for any interest on enhanced compensation as well as statutory compensation. 3.

For the reasons stated in para nos. 3 and 4 of the application, I am satisfied that delay needs to be condoned, subject to condition of waiver of interest on enhanced compensation as well as statutory compensation. As such, the application is allowed. Delay of 636 days in filing First Appeal is hereby condoned. 4.

Registry is directed to register the First Appeal.

19-CAF 2345-21 in FAst 101-20.odt 5.

It is made clear that the applicant/appellant is not entitled for any interest on enhanced compensation as well as statutory compensation for delayed period of 636 days.

6.

Accordingly, the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar