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Bombay High CourtCAF/1553/2022delay condonatedrejected

Chagan Sahebrao Bhutekar And Another v. The State Of Maharashtra Through Collector, Buldhana And Others

2023-06-09Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 921 caf 1553-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1553/2022 IN FIRST APPEAL ST. NO.8523/2021 Chagan Sahebrao Bhutekar and another Vs.

The State of Maharashtra thr. Collector, Buldhana and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Kalyani Wawre, Advocate h/f Shri S.S. Gaikwad, Advocate for appellants Ms T.H. Udeshi, AGP for respondent Nos.1 and 2 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

09/06/ The present application is filed for condonation of delay in filing First Appeal. There is delay of 1000 days challenging the judgment and award passed in LAC No.68/2010.

2.

Application is opposed by learned AGP and submitted that even if it is allowed, it may be made clear that appellants will not be entitled for any interest on enhanced compensation and statutory amount for delayed period.

3.

In view thereof, the learned Counsel for appellants have no objection. As such, considering the reason mentioned in the application, application is allowed. Delay of 1000 days in filing application is hereby condoned.

2 921 caf 1553-2022 4.

It is made clear that appellants will not be entitled for any interest on enhanced amount as well as statutory amount for the delay period (i.e. 1000 days).

5.

The Registry is directed to register the First Appeal.

6.

The application stands disposed of accordingly.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE