Vijay S/O Rambhau Pal vs The State Of Maharashtra Thr. ...
2021 Latest Caselaw 10442 Bom

25CAO 463.2021                                                                                1

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.
                CIVIL APPLICATION (O) NO. 463 OF 2021
              IN CROSS OBJECTION ST. NO. 24052 OF 2019
                   IN FIRST APPEAL NO. 825 OF 2019
           (Vijay s/o Rambhau Pal, Yavatmal Vs. The State of Maharashtra & Ors.)
__________________________________________________________________________
Office Notes, Office Memoranda 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 cross-objector.
                                Shri A.R. Chutke, A.G.P. for respondent Nos. 1 and 2.
                                Shri M.A. Kadu, Advocate for respondent No.3.
                                                          .....

                                              CORAM : PUSHPA V. GANEDIWALA, J.

AUGUST 05, 2021.

Heard.

2] This is an application seeking condonation of 368 days delay caused in filing the Cross Objection.

3] Shri Nakshane, learned counsel for the cross objector, submits that First Appeal No. 825/2019 came to be admitted on 26/10/2018. That the claimant/ cross objector is willing to file Cross Objection for enhancement of compensation. He further relied on the judgment delivered by the Hon'ble Supreme Court in the case of Imrat Lal And Others Vs. Land Acquisition Collector And Others, 2014 (9) SCALE 446. He submits that the cross

objector is ready to waive interest for the delayed period.

4] Given the aforesaid submissions, the application is allowed. Delay of 368 days caused in fling the Cross Objection stands condoned. Cross Objection be registered. The claimant/ cross objector shall not be entitled to claim interest for 368 days in case the amount of compensation is enhanced by this Court.

CROSS OBJECTION NO.............../2021.

                             5]          Admit.

                             6]          Shri Chutke, learned A.G.P., waives

notice for respondent Nos.1 and 2.

7] Shri Kadu, learned counsel, waives notice for respondent No.3.

JUDGE

Sumit