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Bombay High CourtCAF/1159/2016ca disposed off

Umesh Ashokrao Thakre v. Vidarbha Irrigation Devp. Corporation Thr. The Exe. Engineer, Bembla Project Div., Yavatmal And Oth

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

9-CAF-1159-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1159 OF 2016 IN FIRST APPEAL ST. NO.23984 OF 2015 Umesh Ashokrao Thakre -vsVIDC, Nagpur Thr. Executive Engineer, Bembla Project 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. Shri V. G. Palshikar, Advocate for respondent No.1. Ms S. Haider, AGP for respondent Nos.2 and 3. CORAM : DR S.S. PHANSALKAR-JOSHI, J.

DATE : JUNE 20, 2017 This is an application for condonation of delay of 1518 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 14/07/2011 till 08/12/2015.

Civil application is allowed and disposed of. F.A.St. No.23984 of 2015 Heard. Admit. Call for record and proceedings. Shri V. G. Palshikar, learned counsel waives notice on behalf of respondent No.1. Learned Assistant

9-CAF-1159-16 2/2 Government Pleader waives notice on behalf of respondent Nos.2 and 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.1159 of 2016, the claimant would not be entitled for interest on the amount of compensation if enhanced for the period from 14/07/2011 till 08/12/2015 JUDGE Asmita