Raju S/O Shrawan Gaikwad And Another v. The State Of Maharashtra Represented By The Collector, Yavatmal And Others

2024:BHC-NAG:7086 1 15-CAO-740-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 740 OF 2024 IN MCA ST. NO. 12147 OF 2024 IN FIRST APPEAL ST. NO. 21964 OF 2019 RAJU SHRAWAN GAIKWAD AND ANOTHER Vrs.

THE STATE OF MAHARASHTRA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri A. B. Nakshane, Advocate for applicants. Shri M. A. Kadu, AGP for respondents-State.

CORAM: SANJAY A. DESHMUKH, J.

DATE : 05/07/2024.

1.

This is an application for condonation of delay of 861 days caused for filing the revision against Registrar's order.

2.

Heard learned counsel for both sides.

3.

Perused the application.

4.

It is submitted that learned counsel for the applicants inadvertently failed to mark the matter in the cause list. Therefore, he could not remove the office objections. Delay of 861 days caused for filing the revision is condoned.

5.

Learned AGP for the respondent-State has strongly objected.

6.

Considering the peculiar set of facts, the application is allowed, in the interest of justice with

2 15-CAO-740-24.odt directions to the applicants to remove office objections within a week.

MCA ST. No.12147/2024 7.

This is an application for setting aside the order passed by the Registrar for non-remonal of office objections.

8.

Heard learned counsel for both sides.

9.

Perused the application.

10.

For the reasons stated in the application, application deserves to be allowed, in the interest of justice.

11.

Application is allowed and disposed of.

12.

It is clarified that if the appeal is allowed, applicants are not entitled for the interest on the amount under award, as per the Judgment of New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC Online SC 1599) for delayed period. 13.

The application is disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 08/07/2024 11:55:54