Ganesh Dattatray Bhusale (Deceased) Through Lrs. Sulochana Ganesh Bhusale And Others v. The State Of Maharashtra, Through Collector Yavatmal And Others

12-CAF-3518-14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.3518 OF 2014 IN FIRST APPEAL (ST) NO.17108 OF 2014 Ganesh Dattatray Bhusale (Dead) Thr. L.R.s, Sulochana Ganesh Bhusake & Ors. -vsThe State of Maharashtra, Thr. Collector, Yavatmal & Ors. ------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------ Shri K. S. Narwade, Advocate for applicants/appellants. Smt. M. N. Hiwase, AGP for non-applicant Nos.1 and 3. Shri S. G. Jagtap, Advocate for non-applicant No.2. CORAM : A.S.CHANDURKAR, J.

DATE : MARCH 19, 2015 Heard Shri K. S. Narwade, learned counsel for the applicant.

Issue notice to the non-applicants. Learned AGP waives notice on behalf of non-applicant Nos.1 and 3 and Shri S. G. Jagtap, learned counsel waives notice on behalf of non-applicant No.2.

Heard the learned counsel for the parties on the application for condonation of delay.

In the application, it is stated that on account of financial difficulties, the appellants could not immediately take steps to arrange for court fees and other expenses resulting in delay.

The learned counsel for the non-applicants oppose the application on the ground that explanation furnished is not sufficient. They also point out that the

12-CAF-3518-14 2/2 applicants should not be granted benefit of interest for the period of delay.

Considering the reasons assigned in the application and the fact that the applicants are seeking enhancement of compensation, the delay in filing the First Appeal stands condoned. It is however clarified that the appellants shall not claim interest on the enhanced amount for the period from 04/01/2013 till today.

Civil application is allowed in aforesaid terms and disposed of.

JUDGE Asmita