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Bombay High CourtCAF/3383/2018admittedallwdgrantedrule absolute

Kailash Rambilas Bajoria v. The State Of Maharashtra Represented By The Collector, Yavatmal And Another

2019-03-04Hon'Ble Shri Justice A.S. Chandurkar2 pages

22-CAF-3383-18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.3383 OF 2018 IN FIRST APPEAL ST. NO.25407 OF 2017 Kailash Ramvilas Bajoria -vs- The State of Maharashtra, Thr. Its Collector, Yavatmal and anr. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri R. J. Shinde, Advocate for appellant.

Ms H. N. Prabhu, AGP for respondent No.1/State. CORAM : A.S.CHANDURKAR, J.

DATE : March 04, 2019 Prayer is to condone delay in filing the appeal. The reasons for cause of delay are mentioned in paragraphs 2 to 5 of the application.

The prayer as made is opposed by the learned Assistant Government Pleader for the non-applicant on the ground that the reasons mentioned are not sufficient.

Considering reasons mentioned in the application and in the light of observations made in the order dated 11/02/2019 passed on Civil Application No.973/2018, 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 01/11/1993 to 21/11/2017. Delay is condoned on aforesaid terms. Civil Application is disposed of. ..2/-

22-CAF-3383-18 2/2 First Appeal St. No.25407 of 2017 Heard.

Admit.

Call for record and proceedings.

Ms H. N. Prabhu, learned Assistant Government Pleader waives notice for the respondent.

In view of orders passed on Civil Application No.3383 of 2018, the claimant would not be entitled for interest on the amount of compensation if enhanced for the period from 01/11/1993 to 21/11/2017. JUDGE Asmita