← Library
Bombay High CourtCAF/2644/2024delay condonatedrejected

Chaturbhuj S/O Maroti Bhaisare v. State Of Maharashtra Thorugh The Secretary Of Mantralaya, Mumbai And Others

2025-01-23Hon'Ble Shri Justice Sandipkumar Chandrabhan More2 pages

1 12.caf.2644.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 2644 OF 2024 IN FIRST APPEAL ST. NO.15438 OF 2021 Chaturbhuj s/o Maroti Bhaisare ..vs..

State of Maharashtra and ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - Ms Kalyani P. Wadibhange, Advocate h/f Shri D. Sharma, Advocate for the appellant.

Ms Kavimandan, AGP for the State.

Shri M.A. Kadu, Advocate for respondent nos. 2 and 3. CORAM: SANDIPKUMAR C. MORE, J.

DATE : 23/01/2025.

Heard rival submissions.

2.

The Applicant/Claimant is seeking condonation of delay of 801 days in challenging the Judgment and Award dated 29.11.2017 in LAC No. 532/2008 , by way of the First Appeal.

3.

The learned Counsel for Respondent Nos. 2 and 3/Acquiring Body as well as the learned AGP strongly opposed the Application on the ground of delay being inordinate and unexplained.

4.

However, considering the statutory right of Applicant and the reasons mentioned in the Application, Civil Application stands allowed in terms of its prayer, subject to costs of Rs.1500/- to be paid to the Vidarbha Lady Lawyers Association, Nagpur within two weeks from today.

5.

It is made clear that the Applicant shall not claim any interest or statutory benefits for the aforesaid

2 12.caf.2644.2024 period of delay on the enhanced amount of compensation, if granted.

6.

Civil Application stands disposed of accordingly. 7.

The Appeal be registered on deposit of costs and after removal of office objections, if any. (SANDIPKUMAR C. MORE , J.

) Trupti