Devidas Keshaorao Pardakhe vs The Executive Engineer, Bembla ...
2017 Latest Caselaw 6335 Bom

caf3189.17.odt                                                                                                                  1/2  



                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              NAGPUR BENCH, NAGPUR.

                             CIVIL APPLICATION (F) No.3189 OF 2017
                                              IN
                               FIRST APPEAL ST. No.16194 OF 2017
                                                                    
      (Devidas Keshaorao Pardakhe  Vs. The Executive Engineer, Bembla Project Division,
                                   Yavatmal and others)
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions                                 Court's or Judge's orders.
and Registrar's Orders.
                                                 
                                             Shri A.B. Nakshane, Advocate for the Appellant.
                                             Shri V.G. Palshikar, Advocate for the Respondent No.1.

Ms. R.V. Kalia, AGP for Respondent Nos.2 and 3.

CORAM : S.B. SHUKRE , J .

                                                               
                                                    th
                                    DATE    :    16
                                                       AUGUST, 2017.

                                                           Heard.

In similar matters, on the willingness shown by the claimant to forgo the interest for the delayed period, such applications have been allowed by this Court. This case too is no different. Therefore, this application is allowed.

The delay occurred in filing of the appeal is condoned, subject to the condition that the appellant/claimant shall not claim any interest on the enhanced compensation for the period from 26.8.2010 till the date of order.

Application is disposed of.

FIRST APPEAL ST. No.16194 OF 2017.

Appeal be registered.

Heard Shri A.B. Nakshane, learned counsel for

caf3189.17.odt 2/2

the appellant. Shai V.G. Palshikar, learned counsel for the respondent No.1 and Ms. R.V. Kalia, learned A.G.P. for the respondent Nos.2 and 3, who appears by waiving notice.

Admit.

Presently there is no need to call for R. & P. It is submitted by the learned counsel for the appellant that the issue involved in this appeal is squarely covered by the view taken by this Court in connected matters being First Appeal St.No.7038/2017, First Appeal No.921/2015 and First Appeal No.86/2017.

Learned counsel for the respondent No.1 seeks time to verify the position.

Time is granted.

Put up for final disposal on 21st August, 2017.

JUDGE

DWW