Bombay High CourtCAF/2637/2015admittedallwdgrantedrule absolute

Gulab Sawala Rathod (Dead Through Lrs) Hari Gulab Rathod And 3 Others v. The State Of Maharashtra Through The Collector, Yavatmal And 3 Others

2015-10-21Hon'Ble Shri Justice A.S. Chandurkar2 pages

caf2637.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAF NO.2637 OF 2015 IN FA ST.NO.13426 OF 2015 Gulab Rathod, thr LRs ...vs... The State of Mah., and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri S.V. Ingole, counsel for the applicant/appellant. Mrs. Rashi Deshpande, AGP for NA Nos.1, 2 & 3/Resp. Shri S.G. Jagtatp, counsel for NA No.4/Resp.

CORAM

: A.S. CHANDURKAR, J.

DATED : OCTOBER 21, 2015.

Heard.

Prayer is to condone delay in filing the first appeal. Reasons are assigned in paragraph Nos.2 and 3 of the application.

The application is opposed by learned counsel for the non-applicants/respondents. It is stated that grounds as assigned are not sufficient.

Accepting the reasons mentioned in the application, the delay in filing the first appeal stands condoned. However, the applicant/appellant will not be entitled for interest on the amount of enhanced compensation for the period of 26.3.2013 till date.

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caf2637.15 Civil application is allowed in aforesaid terms.

First Appeal St.No.13426 of 2015 Heard.

ADMIT.

The record and proceedings be called for.

Mrs. Rashi Deshpande, learned AGP, waives notice on behalf of non-applicant Nos.1, 2 and 3/respondent Nos.1, 2 and 3.

Shri S.G. Jagtap, learned counsel, waives notice on behalf of non-applicant No.4/respondent No.4.

In view of order passed on Civil Application (CAF) No.2637 of 2015, the applicant/appellant will not be entitled for interest on the enhanced amount of compensation for the period from 26.3.2013 till 21.10.2015.

JUDGE !! BRW !!

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