Sindhubai Gajanan Bhutekar v. The State Of Maharashtra Through Colletor, Buldhana And Others

27-CAF 1693-22 in FAst-8752-21.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 SINDHUBAI GAJANAN BHUTEKAR ...VERSUS...

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

Ms. Kalyani Waware, Advocate h/f. Shri S.S.Gaikwad, Advocate for applicant/appellant.

Ms. T.H.Udeshi, AGP for respondent nos. 1 and 2.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th JUNE, 2023 The present application is filed for condonation of delay of 1253 days in filing First Appeal.

2.

It is contended that due to poor financial condition, she was not able to pay the Court fees. In view thereof, the delay is caused. 3.

Heard learned AGP for respondent nos. 1 and 2/State. 4.

In spite of service, nobody is present for respondent no. 3. 5.

For the reasons stated in the application, I am satisfied that there is justifiable reason for delay. However, there is huge delay of 1253 days. In view thereof, I am inclined to allow the application, subject to the condition that, the appellant/applicant will not entitle to receive interest on enhanced compensation as well as statutory compensation for the delayed period. As such, the application is allowed.

27-CAF 1693-22 in FAst-8752-21.odt 6.

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

7.

Registry is directed to register the First Appeal. 8.

Accordingly, the application stands disposed of. FIRST APPEAL (ST.) NO.

OF 20 After registration of First Appeal, issue notice to the respondents.

2.

Ms. T.H.Udeshi, learned AGP waives notice for respondent nos. 1 and 2.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar