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Bombay High CourtCAF/18/2020delay condonatedrejected

Shri Rajeram S/O Goma Kadukar, P.O.A.H. Deoram S/O Rajeram Kadukar v. The State Of Maharashtra Thr. Secretary, Ministry Of Irrigation Department, Mumbai And Others

2021-01-15Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

1 CAF 18.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.18/2020 in First Appeal st No.7798/2019 (Rajeram thr Lr and others V State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- Shri P.D. Sharma, Adv for appellants.

Shri S.G. Jagtap, Adv for resp. nos.2 and 3.

CORAM : SMT. ANUJA PRABHUDESSAI, J DATE : 15-01-2021.

By this application, the applicants have sought to condone the delay of 399 days in filing the appeal challenging the judgment and award in L.A.C.No.414/2009.

2.

Learned Counsel for the applicants states that the interest may be waived for the delayed period and the delay be condoned.

3.

Learned Counsel for respondent nos.2 and 3 states that the reasons given in para 3 of the application do not constitute the sufficient ground.

4.

I have perused the record and considered the submissions. It is seen that in connected matter, this Court in First Appeal St. No.12858/2019, by order dated 15-12-2020, has condoned the delay. Considering the said fact so also considering the statement made by the Counsel for respondent nos.2 and 3 and the reasons stated in paragraph 3 of the application the delay is condoned.

5.

It is made clear that the applicants are not entitled for interest during the delayed period i.e from the date of the impugned judgment till the date of the application.

2 CAF 18.2020 6.

List the appeal for admission after three weeks. (SMT. ANUJA PRABHUDESSAI, J ) Deshmukh