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Bombay High CourtCAF/3338/2018ca disposed off

Laxmibai Wd/O Dadarao Napte v. The State Of Maharashtra, Thr. Collector, Yavatmal And Others

2019-09-18Hon'Ble Shri Justice Manish Pitale2 pages

1 / 2 caf3338.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) No. 3338 OF 2018 IN F.A.St.No.20406 OF 2017 Laxmibai wd/o. Dadarao Napte vs.

The State of Maharashtra thr. Collector, Yavatmal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. S.U. Nemade, Advocate for appellant.

Smt. Hemlata Jaipurkar, AGP for respondents No.1 & 2. Smt. Shweta Hanwate h/f. Shri.M.A.Kadu, Advocate for respondent No.3.

CORAM : Manish Pitale J DATED : 18.09.20109 This is an application seeking condonation of delay of 1259 days for filing the accompanying appeal. The applicant / appellant is seeking enhancement of compensation by way of accompanying appeal.

2.

Although condonation of delay is opposed on behalf of the respondent, considering the the fact that the appellant herein is the original claimant and he is only seeking consideration of his contention regarding entitlement to enhancement of compensation, in the interest of justice, the present application can be conditionally allowed.

2 / 2 caf3338.18 3.

Accordingly, the application is allowed and delay is condoned subject to the condition that in the event the quantum of compensation payable to the applicant / appellant is enhanced, he would not be entitled to interest for the period delay of 1259 days in approaching this Court.

4.

Application stands disposed of.

First Appeal No. /2019 Heard learned counsel for the appellant.

2.

Admit.

3.

Call for R & P.

4.

Ms.Hemlata Jaipurkar, learned AGP waives notice on behalf of respondents No.1 & 2 and Ms.Shweta Hanwate, learned counsel appearing for Mr.M.A.Kadu waives notice on behalf respondent No.3.

JUDGE KOLHE