Prabhakar S/O Vikram Matte v. The Chief General Manager, Wcl Yavatmal

fa111.10.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.372 OF 2024 IN FIRST APPEAL No.111 OF 2010 (Prabhakar s/o. Vikram Matte Vs. The Chief General Manager, Western Coalfields Limited, Yavatmal) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.S. Sonare, Advocate for appellant-applicant. Mr. C.S. Samudra, Advocate for respondent.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 8 th JULY, 2024.

1.

This is an application for permission to add additional grounds in the memo of appeal.

2.

Heard both sides.

3.

Learned Advocate for the appellant-applicant submitted that during the pendency of the appeal Government of Maharashtra has passed Resolution dated 25.5.2012 and thereby decided to award compensation at the higher rate. He, therefore, want to raise that ground in the memo of appeal.

4.

Considering the peculiar set of facts and the principle that Court can take cognizance of subsequent event either legal or on facts, the application deserves to be allowed in the interest of justice.

5.

The application is allowed.

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Learned Advocate for the appellant-applicant is permitted to add grounds and amend the appeal memo as early as possible and in any case within three days. 7.

The application is disposed of.

FIRST APPEAL No.

OF 20 .

1.

Learned Advocate for the respondent submits that this appeal be tagged with First Appeal No.150/2010 which is arising out of one and the same award. 2.

Stand over to 11.7.2024.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 09/07/2024 19:02:35