Bombay High CourtCAO/424/2017admittedallwdgrantedrule absolute

Vasant S/O Kashinath Dhakane v. Maha. Industrial Development Corp. Amravati Thr. Chief Executive Officer And Others

2017-03-24Hon'Ble Shri Justice A.S. Chandurkar2 pages

952-CAO-424-17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.424 OF 2017 IN CROSS OBJECTION ST. NO.6383 OF 2017 IN FIRST APPEAL NO.1194 OF 2013 MIDC, Thr. Chief Executive Officer, Regional Office at By-pass Road, Amravati -vsVasant s/o Kashinath Dhakane, Lohara, Yavatmal ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri M. M. Agnihotri, Advocate for appellant. Shri A. B. Nakshane, Advocate for respondent No.1/cross objector. Ms M. S. Naik, AGP for respondent Nos.3 to 5. CORAM : A.S.CHANDURKAR, J.

DATE : March 24, 2017 Leave granted to amend the cause title so as to delete the name of respondent No.2. Amendment be carried out forthwith.

Notice on the application is made returnable forthwith. Shri Agnihotri, learned counsel waives notice on behalf of respondent No.1. Ms Naik, learned Assistant Government Pleader waives notice on behalf of respondent Nos.3 to 5.

Prayer is to condone delay in filing the crossobjection. The reasons for delay are stated in paragraphs 3 and 4 of the application. The application is opposed by learned counsel for the original appellant. Considering reasons mentioned in the application, the delay in filing cross-objection stands condoned

952-CAO-424-17 2/2 subject to the cross-objectors not being entitled for interest on the amount of compensation if enhanced for the period from 24/10/2013 till date.

Delay is condoned on aforesaid terms.

Civil application is allowed and disposed of. Cross-Objection (XOB) St. No.6383 of 2017 Leave to correct the cause title. The correction be carried out forthwith.

Heard.

Admit.

Shri Angihotri, learned counsel waives notice on behalf of original appellant. Ms. M. S. Naik, learned Assistant Government Pleader waives notice on behalf of respondent No.3 to 5.

In view of order passed on C.A.O. No.424 of 2017, the cross-objector would not be entitled for interest on the amount of compensation if enhanced for the period from 24/10/2013 till 24/03/2017.

JUDGE Asmita