Bombay High CourtCAF/13/2015dispossed offdismiss for default

Kishor S/O Haribhau Deshmukh v. The State Of Maharashtra, Through Its Collector, Amravati And 2 Others

2015-02-18Hon'Ble Mrs. Justice Mridula R. Bhatkar2 pages

18.2CAF.13.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO. 13/15 IN FIRST APPEAL ST. NO. 13838 OF 2014 Kishor H. Deshmukh .vs. The State of Maharashtra & others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. R.J. Shinde, Advocate for applicant, Mrs. K. Deshpande, A.G.P. for respondent nos. 1 & 2, Mr. S.G. Jagtap, Advocate for respondent no. 3. CORAM : SMT. MRIDULA R. BHATKAR, J.

DATED : FEBRUARY 18, 2015.

The application for condonation of delay of 1443 days is preferred.

Mrs. K. Deshpande, learned A.G.P. for respondent nos. 1 & 2 and Mr. S.G. Jagtap, learned Advocate for respondent no.3 are present and waive notice. The learned Counsel for the applicant submits that the applicant is an original claimant and he has preferred this appeal due to inadequate amount of the compensation awarded by the Reference Court, he has a good case on merit and he claims enhancement in the said amount. He could not file appeal within limitation due to paucity of funds, could not arrange the Court fees and lawyers fees. So also the applicant

18.2CAF.13.15 was victim of Chickengunia and a patient of some chronic abdomen problems. Hence, delay was caused.

The application is vehemently opposed by the learned Counsel for the respondents as there is inordinate delay of 1443 days.

The learned Counsel for the applicant has relied on the decision of Supreme Court of India in the case of Imrat Lal and others .vs. Land Acquisition Collector and others reported in 2014(9) SCALE 446 wherein the Supreme Court has condoned the delay of 1110 days on the condition that the appellant shall not be entitled to interest for a period of delay. On the same lines, as the said ratio is applicable to the present set of facts, the delay of 1443 days is condoned subject to the applicant furnishing an undertaking within two weeks that the applicant/appellant shall not claim any interest on the amount of compensation for the period of delay, i.e. 1443 days. Hence, the application stands disposed of accordingly.

The First Appeal be registered.

Judge J.