Babarao S/O Shivramsa Ajmire v. The Executive Engineer, Bembla Project Division, Yavatmal And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 2135 OF 2015 Babarao Shivrasa Ajmire Vs. Exe. Engineer Bembla Project Yavatmal & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri A. B. Nakshane Adv for applicant.

Shri S. G. Jagtap Adv for respondent no. 1.

Shri M. A. Kadu AGP for respondent nos. 2 & 3.

CORAM: A. S. CHANDURKAR J.

Dated: 28 th SEPTEMBER, 2015.

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Prayer is to condone the delay in filing the appeal. Reasons are mentioned in paras 3 and 4 of the application. Prayer is opposed by counsel for respondents. Considering the reasons assigned the delay is condoned subject to the applicant not being entitled for interest on the amount of compensation if enhanced for the period from 23.04.2009 till 05.02.2014. Delay is condoned on aforesaid terms. Civil application disposed of.

First Appeal St. No. 2596 of 2014: Heard. Admit. Shri S. G. Jagtap learned counsel waives notice on behalf of respondent no.1. Shri M. A. Kadu, learned AGP waives on behalf of the respondent nos. 2 and3.

In view of order dated 28.09.2015 passed on Civil Application No. 2135 of 2015 the appellant would not be entitled for interest on the amount of compensation if enhanced for the period from 23.04.2009 till 05.02.2014. JUDGE svk