Vinod S/O Uttam Chavan v. The State Of Maharashtra Thr. Collector, Washim And Others
2024:BHC-NAG:12401 1 3-CAO-1259-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAO) NO. 1259 OF 2024 IN CROSS-OBJECTION (ST.) NO. 1323 OF 2024 IN FIRST APPEAL NO. 1382 OF 2013 VINOD S/O UTTAM CHAVAN Vrs.
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 --------------------------------------------------------------------------------------------------------- Smt. U. A. Patil, Advocate for appellant.
Shri Abhishek Zade, Advocate h/f Shri Sajid G. Varshani, Advocate for Cross-Objector.
Ms.Hemlata Dhande, AGP for respondent Nos.2 and 3. CORAM: SANJAY A. DESHMUKH, J.
DATE : 12/11/2024.
1.
This is an application for condonation of delay of 2847 days caused for filing cross-objection. 2.
Perused the application.
3.
Heard learned Advocates for both sides.
4.
Learned advocates for the respondents have strongly objected the application.
5.
Considering the reasons stated in the application, the application deserves to be allowed, in the interest of justice with condition that Cross-Objector/ Claimant is not entitled for the statutory benefits like interest, etc. for the delayed period of 2847 days in view of Judgment of Hon'ble Supreme Court in the case of New Okhla Industrial Development Authority v. Rameshwar @
2 3-CAO-1259-24.odt Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC Online SC 1599).
6.
The application is allowed. Delay caused for filing cross-objection is condoned, in the interest of justice. However, it is clarified that in view of Judgment of Hon'ble Supreme Court in the case of New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC Online SC 1599), the Cross-Objector/ Claimant is not entitled for the statutory benefits like interest, etc. for the delayed period of 2847 days. 7.
Application is thus allowed and disposed of.
8.
The Cross-Objection be registered accordingly. 9.
The appeal be listed on 21/11/2024.
[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 12/11/2024 19:42:30