Mukinda S/O Runzaji Kursange v. The State Of Maharashtra, Through Collector, Yavatmal And Others

2025:BHC-NAG:3935 930 CAO-1440-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (O) NO.1440 OF 2024 IN MISC. CIVIL APPLICATION (ST) NO.20204 OF 2024 IN FIRST APPEAL (ST) NO.21382 OF 2022 (D) [Mukinda S/o Runzaji Kursange ..Vs.. The State of Maharashtra and Others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr S. U. Nemade, Advocate for Applicant/Appellant. Ms P. T. Joshi, AGP for Non-Applicants/State. Mr M. A. Kadu, Advocate for Non-Applicant/Respondent No.3.

CORAM

: M. W. CHANDWANI, J.

DATE : 16 th APRIL , 2025 .

1.

Heard.

2.

The application is made for condonation of delay in filing the restoration application for restoring First Appeal (St.) No.21382 of 2022, which was dismissed in default for non-payment of deficit Court fees.

3.

The contention is that the applicant is agriculturist labour and due to paucity of fund, he could not pay the deficit Court fees.

4.

Considering the reasons mentioned in the application and considering the readiness of the applicant to pay the deficit Court fees within four weeks from today, the application for condonation of delay in filing the restoration application is hereby condoned. For the same reason, the application for restoration of appeal is allowed subject to the condition that the applicant will not be entitled to the

930 CAO-1440-2024 interest on the award and other statutory benefits for the delayed period.

5.

In above said terms, the applications are disposed of. The appeal is restored to the file.

6.

The applicant/appellant shall pay the deficit Court fees within four weeks from today.

7.

Stand over after four weeks.

JUDGE Tambe