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Bombay High CourtCAF/1158/2016ca disposed off

Anil Shamrao Thkare v. The State Of Maharashtra Represented By Collector, Yavatmal And 2 Others

2017-06-20Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

8-CAF-1158-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1158 OF 2016 IN FIRST APPEAL ST. NO.23398 OF 2015 Anil Shamrao Thakare -vsState 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 A. B. Nakshande, Advocate for applicant/appellant. Ms S. Haider, AGP for respondent Nos.1 and 2. Shri S. S. Godbole, Advocate for respondent No.3. .

CORAM : DR S.S. PHANSALKAR-JOSHI, J.

DATE : JUNE 20, 2017 This is an application for condonation of delay of 3085 days in filing the first appeal. The reasons for delay are stated in paragraphs 3 and 4 of the application. The application is opposed by learned counsel for the respondents.

Considering reasons mentioned in the application as sufficient cause is made out, the delay stands condoned subject to condition of claimant not being entitled for interest on the amount of compensation if enhanced for the period from 09/03/2007 till 17/11/2015.

Civil application is allowed and disposed of. F.A.St. No.23398 of 2015 Heard. Admit. Call for record and proceedings. Learned Assistant Government Pleader waives notice on behalf of respondent Nos.1 and 2. Shri S. S.

8-CAF-1158-16 2/2 Godbole, learned counsel waives notice on behalf of respondent No.3.

Appellant to file paper-book within six months after receipt of record and proceedings.

In view of order passed on C.A.F.No.1158 of 2016, the claimant would not be entitled for interest on the amount of compensation if enhanced for the period 09/03/2007 till 17/11/2015.

JUDGE Asmita