Suhash S/O Tulsiram Kawalkar v. The Executive Engineer Bembla Project Division, Yavatmal And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION F. NO.1475/2015 IN FIRST APPEAL ST. NO.17102/2014 Subhas s/o Tulsiram Kawalkar ...Versus...

The Executive Engineer Bembla Project Division, Yavatmal, Tq. and Distt. Yavatmal & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.B. Nakshane, Advocate for applicant Shri S.G. Jagtap, Advocate for respondent no.1 Shri M.M. Ekre, AGP for respondent nos.2 and 3 CORAM : PRASANNA B. VARALE, J.

DATE : 22.06.2016 Heard.

By the present application, the applicant prays for condonation of delay of 857 days caused in filing the appeal. The learned Counsel for the applicant invited my attention to the grounds raised in the application, more particularly paragraph no.4. The learned Counsel, on instructions, states that the applicant will not claim interest from the date of award till filing of the appeal. The application is opposed by the learned Counsel for the respondents.

For the reasons stated in the application, the civil application is allowed. Delay is condoned.

Learned Counsel for the respondents to bring to the notice of this Court about the waiver of the interest by the appellant/applicant at the time of final disposal of the appeal. JUDGE Wadkar