Dnyaneshwar Akaji Mehatre (Dead) Through Lrs. Gajanan Dnyaneshwar Mehatare And Others v. V. I. D. C. Nagpur Through Its Executive Engineer, Bembla Project, Yavatmal And 2 Others
21-fa-667-16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 233 OF 2020 IN CROSS-OBJECTION NO. 1059 OF 2020 IN FIRST APPEAL NO. 667 OF 2016 (Dnyaneshwa Akaji Mehatre (dead) through LRS Gajanan Dnyaneshwar Mehatre and others -Vs- Executive Engineer, Bemla Project, Yavatmal ) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'
s orders of directions Court'
s or Judge'
s orders.
and Registrar'
s Orders.
Ms. Gokhale, counsel h/f Shri P.B.Patil, counsel for the appellant/non-applicant no.1 Ms. Ritu Kalia, learned AGP for the respondent nos. 2 and 3/non-applicant no.2 & 3.
Ms. Juhi Kuhite, counsel h/f Shri M.P.Kariya, counsel for the respondent no. R-1(ii)/applicants CORAM : ANIL S KILOR, J.
DATE : 07 th FEBRUARY, 2020.
The claimants have filed this application for condonation of delay in filing cross-objection. 2.
Ms. Juhi Kuhite, learned counsel for the applicants submits that there is a delay of 693 days in filing cross-objection. She has pointed out that sufficient reasons are shown in the application for delay. She further submits that delay is bonafide and not intentional and thus she prays for condonation of delay.
3.
Ms. Gokhale, learned counsel for the
21-fa-667-16 appellant has no serious objection in allowing the present application for condonation of delay. However, she states that in case the cross-objector succeeds in the present matter, they will not claim interest for the period of delay.
4.
Ms. Ritu Kalia, learned Assistant Government Pleader has no objection for allowing this application.
5.
For the reasons stated in the application, the application of delay is condoned.
6.
The issue in respect of grant of interest for the delayed period in filing the cross-objection is kept open and the same will be decided at the time of final disposal of the present appeal.
7.
Accordingly, the application is disposed of.
JUDGE sknair