Narendra Madhav Kale v. Executive Engineer, Bembla Project Division, Yavatmal And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No. 850 of 2017 IN First Appeal St. No.20317 of 2016 [Narendra Madhav Kale Vs. Executive Engineer, Bembla Project Division, Yavatmal & others] ______________________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. A. P. Kalmegh, Adv., for the applicant.

Mr. Jagtap, Adv., for Non-applicant no.1.

Mrs. Prabhu, AGP for non-applicant nos. 2 and 3. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

01st March, 2017 Prayer is to condone delay in filing the First Appeal. The reasons for occurrence of delay are mentioned in paras 5 to 7 of the application. The application is opposed by the learned counsel for non-applicant no.1 by submitting that the delay has not been sufficiently explained.

Considering the reasons mentioned in the application, I am inclined to condone the delay, subject to applicant not being entitled for interest on the amount of compensation, if enhanced, for the period from 1st April, 2014 till date.

Civil Application is allowed and disposed of. -0-0-0-

First Appeal St. No. 20317 of 2016 :

Heard.

Admit. Call for Record & Proceedings.

Shri Jagtap, learned counsel, waives notice on behalf of respondent no.1 and Mrs.Prabhu, learned Asstt. Govt. Pleader, for respondent nos. 2 and 3.

Appellant to file paper-book within a period of six months from today.

In view of order passed on Civil Application No. 850 of 2017 as aforesaid, the appellant would not be entitled for interest on the amount of compensation, if enhanced, for the period from 1st April, 2014 till date. Judge ||hedau|