Sheikh Hamid Shaikh Fakru v. The Collector, Yavatmal And Others

1 3 cas 296-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.296/2020 IN SECOND APPEAL ST. NO.684/2020 Sheikh Hamid Sheikh Fakru Vs.

The Collector, Yavatmal and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Prachi Joshi, Advocate h/f Shri G.N. Khanzode, Advocate for applicant Shri K.L. Dharmadhikari, AGP for respondents CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

20/04/ The present application is filed for condonation of delay in filing Second Appeal. It is submitted that the applicant was not aware that the appeal was to be preferred within 90 days. As economical condition of the applicant was also not good, as such, he could not sought the appropriate guidance for preferring the appeal. Another reason as per the applicant is that he was under impression that after receiving an amount, he would take appropriate decision to prefer an appeal, however till date, no amount as per modified award is received. In that process, 627 days is caused in filing the appeal. 2.

The learned AGP opposed the application.

3.

However, for the reason stated for delay, I am satisfied that there is no intentional or deliberate delay. This fact is not denied by learned AGP that

2 3 cas 296-2020 appellant has not received enhanced amount of compensation. As such delay is duly explained. At the most, the applicant will not be entitled for interest for delayed period. The applicant shall not claim any interest for the delayed period. Accordingly, the application is allowed. The delay in filing the Second Appeal is hereby condoned.

4.

The Registry is directed to register the Second Appeal.

5.

The application stands disposed of accordingly.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE