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Bombay High CourtCAF/1297/2023delay condonatedrejected

Sachin Ashokchand Tated v. The State Of Maharashtra, Through Collector, Yavatmal And Others

2023-07-19Hon'Ble Smt. Justice M. S. Jawalkar2 pages

21-CAF 1297-23 in FAst - 6816-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.

OF 20 IN FIRST APPEAL (ST.) NO.

OF 20 2 3 SACHIN ASHOKCHAND TATED ...VERSUS...

THE STATE OF MAHARASHTRA THR. COLLECTOR, YAVATMAL AND ORS. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri R.S.Kurekar, Advocate for appellant/applicant. Ms. H.N.Jaipurkar, AGP for respondent nos. 1 and 2/State. Ms. Mallika Babhulkar, Advocate h/f. Shri M.A.Kadu, Advocate for respondent no. 3.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

1 9 th JU LY , 2023 The present application is filed for condonation of delay. 2.

It is submitted that due to financial condition, he could not file the appeal within prescribed limit and there is delay of 304 days in filing the appeal.

3.

Though the application is opposed by the learned counsel for the respondents, I am inclined to allow the application subject to condition that, the appellant will not claim any interest on enhanced compensation as well as statutory compensation for the delayed period. Accordingly, the application is allowed. 4.

Delay in filing First Appeal is hereby condoned, subject to condition that, the appellant will not claim any interest on the enhanced compensation as well as statutory compensation for the delayed period.

21-CAF 1297-23 in FAst - 6816-23.odt 5.

Registry is directed to register the First Appeal. 6.

Accordingly, the application stands disposed of. FIRST APPEAL (ST.) NO. 6816 OF 2023 After registration of First Appeal, issue notice to the respondents.

2.

Ms. H.N.Jaipurkar, learned AGP waives notice for respondent nos. 1 and 2.

3.

Ms. Mallika Babhulkar, learned counsel h/f. Shri M.A. Kadu, learned counsel waives notice for respondent no. 3. (Smt. M.S. Jawalkar, J.) B.T.Khapekar