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Bombay High CourtCAF/2920/2018admittedallwdgrantedrule absolute

Sanjay S/O Narayan Pardakhe v. The State Of Maharashtra, Thr. Collector, Yavatmal And Others

2019-01-30Hon'Ble Shri Justice A.S. Chandurkar2 pages

15-CAF-2920-18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2920 OF 2018 IN FIRST APPEAL ST. NO.22560 OF 2017 Sanjay s/o Narayan Pardakhe -vs- The State of Maharashtra, Thr. Collector, Yavatmal and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri D. A. Sonwane, Advocate for applicant/appellant. Ms M. S. Naik, AGP for respondent Nos.1 and 2. Shri M. A. Kadu, Advocate for respondent No.3. CORAM : A.S.CHANDURKAR, J.

DATE : January 30, 2019 Notice on the application is made returnable forthwith. Ms M. S. Naik, learned Assistant Government Pleader waives notice for non-applicant Nos.1 and 2. Shri M. A. Kadu, learned counsel waives notice for nonapplicant No.3. Prayer is to condone delay in filing the appeal. The reasons for cause of delay are mentioned in paragraph 6 of the application.

The prayer as made is opposed by the learned counsel for the non-applicants.

The learned counsel for the applicant states that the applicant is willing to forgo interest on the amount of compensation if enhanced. Hence the delay in filing the appeal stands condoned subject to the claimant not being entitled for interest on the amount of compensation if enhanced for the period from

15-CAF-2920-18 2/2 17/10/2012 to 11/10/2017. Delay is condoned on aforesaid terms.

Civil Application is disposed of.

First Appeal St. No.22560 of 2017 Heard.

Admit.

Call for record and proceedings.

Ms M. S. Naik, learned Assistant Government Pleader waives notice for non-applicant Nos.1 and 2. Shri M. A. Kadu, learned counsel waives notice for nonapplicant No.3. In view of orders passed on Civil Application No.2920 of 2018, the claimant would not be entitled for interest on the amount of compensation if enhanced for the period from 17/10/2012 to 11/10/2017. JUDGE Asmita