Kishor S/O Vishwashrao Shirpurkar v. The State Of Maharashtra Through District Collector, Wardha And 2 Others

914-CAF_1045-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.1045 OF 2015 IN FIRST APPEAL (ST) NO.3105 OF 2015 Kishore s/o Vishwasrao Shirpurkar -vsThe State of Maharashtra & Ors.

------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------ Shri V.S. Kukday, Advocate for appellant.

Smt. M. N. Hiwase, AGP for respondent Nos.1 & 2. Shri S. G. Jagtap, Advocate for respondent No.3. CORAM : A.S.CHANDURKAR, J.

DATE : APRIL 24, 2015 Prayer is to condone delay in filing the First Appeal. Reasons are mentioned in paragraphs 4 and 5 of the application.

Application is opposed on behalf of learned counsel for the respondents. However fact of respondent No.1 having filed separate appeal is not disputed. It is further submitted that the claimant should not be entitled for interest for the period of delay.

Considering the reasons assigned, the delay in filing the First Appeal stands condoned. However, claimant will not be entitled for interest on the enhanced amount of for the period from 21/12/2012 till date. Application is allowed and disposed of.

First Appeal (St) No.3105 of 2015 Heard.

Admit.

914-CAF_1045-15 2/2 Call for record and proceedings.

Smt. M. N. Hiwase, learned Assistant Government Pleader, waives notice on behalf of respondent Nos.1 & 2. Shri S. G. Jagtap, learned counsel waives notice on behalf respondent No.3.

To be heard with First Appeal No.244 of 2014. In view of order passed on Civil Application No.1045 of 2015, the appellant will not be entitled for interest on enhanced amount for the period from from 21/12/2012 till today.

JUDGE Asmita