Bombay High CourtCAF/1939/2018admittedallwdgrantedrule absolute

Sanjay S/O Narayan Pardakhe v. The State Of Maharashtra, Thr. Collector, Yavatmal And Others

2019-02-22Hon'Ble Shri Justice A.S. Chandurkar2 pages

CAF1939-18 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO. 1939/2018 IN FIRST APPEAL STAMP NO. 19161/2017 (SANJAY NARAYAN PARDAKHE VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.A. Sonwane, counsel for applicant.

Mrs. M. Naik, A.G.P. For NA-1 & 2.

Shri M.A. Kadu, counsel for NA-3.

CORAM : A.S. CHANDURKAR, J.

DATE : FEBRUARY 22 , 2019.

Notice on the application is made returnable forthwith. Learned Assistant Government Pleader Mrs. M. Naik waives notice on behalf of non-applicant nos.1 and 2. Learned counsel Shri M.A. Kadu waives notice on behalf of non-applicant no.3.

Prayer is to condone delay in filing the appeal. The reasons for cause of delay are mentioned in paragraph 6 of the civil application.

The prayer as made is opposed by the learned counsel for the non-applicants.

The learned counsel for the applicant-claimant states that the applicant is willing to forgo interest on the amount of compensation if enhanced. Hence, the delay in filing the appeal stands condoned subject to the claimant not not being entitled for interest on the amount of compensation if enhanced for the period from 17.10.2012 to 31.08.2017. Delay is condoned on aforesaid terms. Civil application is disposed of.

CAF1939-18 F.A. ST. NO. 19161/2017.

Heard. ADMIT. Call for Record & Proceedings. Learned Assistant Government Pleader wavies notice on behalf of non-applicant nos.1 and 2.

Learned counsel Shri M.A. Kadu waives notice on behalf of non-applicant no.3.

In view of orders passed on C.A.F. No. 1939 of 2018, the claimant would not be entitled for interest on the amount of compensation if enhanced for the period from 17.10.2012 to 31.08.2017.

To be heard alongwith F.A. St. Nos.22560 of 2017 and 22563 of 2017.

JUDGE APTE