Bombay High CourtCAF/1427/2018admittedallwdgrantedrule absolute

Arun S/O Pandharinath Sorate (Deceased) Thr. Lrs. Smt. Nirmala Wd/O Arun Sorate And Others v. State Of Maharashtra, Thr. Collector, Amravati And Others

2019-02-13Hon'Ble Shri Justice A.S. Chandurkar2 pages

CAF1427-18 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO. 1427/2018 IN FIRST APPEAL STAMP NO. 20131/2017 (ARUN PANDHARINATH SORATE (DEAD) THR. LR's NIRMALA ARUN SORATE & OTHERS VERSUS 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 V.N. Patre, counsel for applicants.

Mrs. H.N. Prabhu, A.G.P. for NA-1 & 2.

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

CORAM : A.S. CHANDURKAR, J.

DATE : FEBRUARY 13 , 2019.

Prayer in the civil application is to condone the delay in filing the first appeal.

The reasons for the cause of delay are mentioned in paragraphs 2 and 3 of the civil application.

The prayer is opposed by the learned counsel for the non-applicant no.3 on the ground that the reasons mentioned are not sufficient.

However, since the reasons mentioned appear to be satisfactory, the delay in filing the appeal is condoned subject to the applicant not being entitled to interest on the amount of compensation if enhanced for the period from 22.05.2017 to 12.09.2017.

Civil application is disposed of in aforesaid terms. F.A. ST. NO. 20131/2017.

Heard. ADMIT. Call for Record & Proceedings. Learned Assistant Government Pleader Mrs. H.N.Prabhu waives notice of hearing on behalf of respondent nos.1 and 2. Learned counsel Shri M.A. Kadu waives notice of hearing on behalf of respondent no.3.

CAF1427-18 In view of order passed on C.A.F. No.1427 of 2018, the claimant would not be entitled to interest on the amount of compensation if enhanced for the period from 22.05.2017 to 12.09.2017.

JUDGE APTE