Vinayak S/O Shankarrao Parimal v. Vidarbha Irrigation Development Corporation Through The Executive Engineer, Yavatmal And Others

1 3003cao431.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (O) NO.431 OF 2016 IN CROSS OBJECTION NO.________ OF 2015 IN FIRST APPEAL NO.980 OF 2013 VINAYAK SHANKARRAO PARIMAL V.

VS THE EXECTIVE ENGINEER BEMBLA PROJECT DIVISION, YAVATMAL AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J. B. Kasat Advocate for the appellant.

Shri H. R. Dhumale, Asstt. Govt. Pleader for respondent Nos.2 & 3. Shri A. B. Nakshane, Advoate for respondent No.1 - cross objector CORAM : A.S. CHANDURKAR, J.

DATED : MARCH 30, 2016.

This application has been filed by the cross objector seeking condonation of delay in filing the cross objections. The reasons for the delay are mentioned in paras 2 to 4 of the application.

The application is opposed by the learned Counsel for the original appellant. However, considering the reasons mentioned, the delay is condoned. However, in case of enhancement of compensation, the cross objector will not be entitled for interest on the enhanced amount for the period from 23-3-2011 till 30-10-2015.

Civil application is allowed in aforesaid terms and disposed of.

CROSS OBJECTION ST. NO.21927 OF 2015.

Heard.

Admit.

Shri J. B. Kasat, Advocate waives notice on behalf

2 3003cao431.16 of the respondent No.1 and Shri H. R. Dhumale, learned Assistant Government Pleader waives notice on behalf of the respondent Nos.2 & 3 in the cross-objection.

In terms of order passed in Civil Application No.431/2016, in case of enhancement in the amount of compensation, the cross-objector would not be entitled for interest on said amount for the period from 23-3-2011 till 3012-2015. JUDGE /MULEY/