Prakash Namdeo Dive v. The Chief Executive Engineer, Minior Irrigation Division, Pusad And Others

1 caf1173.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (CAF) No.1173/2019 IN First Appeal Stamp No.1110/2018 Prakash Dive Vs. The Chief Exe.Off. Kumbharkinhi Dam, Pusad - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.A.B. Nakshine, Advocate for appellant.

Mr. Ramesh Raibhandare, Advocate for respondent No.1. Ms. Hemlata Jaipurkar, AGP for respondents No.2 and 3 CORAM : MANISH PITALE, J.

DATED : SEPTEMBER 05, 2019 By this appeal, the appellant (original claimant), is seeking condonation of delay of 582 days in filing the accompanying appeal. By the said appeal, the applicant / appellant is seeking enhancement of compensation.

2.

For the reasons stated in the application, the same is allowed and the delay is condoned, subject to the condition that if the appeal is eventually allowed and the claim of compensation is enhanced, the applicant / appellant shall not be entitled to interest for 582 days of delay in approaching this Court by way of the accompanying appeal.

3.

Application is disposed of.

2 caf1173.19.odt First Appeal No.

/2019.

Heard learned counsel for the appellant.

ADMIT.

Call for record and proceedings.

Tag with First Appeal No.1542/2019.

Mr. Ramesh Raibhandare, Advocate waives notice on behalf of the respondent No.1.

Ms. Hemlata Jaipurkar, AGP waives notice on behalf of the respondents No.2 and 3.

JUDGE MP Deshpande