Deepak Tukaram Ghawait vs The State Of Maharashtra Through ...
2023 Latest Caselaw 9224 Bom

                                           1                                    19 caf3353.19.odt


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

                     CIVIL APPLICATION (CAF) NO. 3353 OF 2019
                                       IN
                        FIRST APPEAL ST. NO. 29248 OF 2018
                               DEEPAK TUKARAM GHAWAIT
                                       VERSUS
                STATE OF MAH., THRU. COLLECTOR, YAVATMAL AND OTHERS
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Office Notes, Office Memoranda of                         Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Mr. R. D. Hajare, Advocate for the appellant/applicant
                          Ms. T. H. Udeshi, A.G.P. for respondent nos.1 and 2
                          Ms. Mallika Babhulkar, Advocate h/f Mr. M.A. Kadu, Advocate for
                          respondent no.3

                                  CORAM : G. A. SANAP, J.

DATE : SEPTEMBER 04, 2023.

1. Heard learned advocates for the parties.

2. This is an application for condonation of 10205 days delay caused in filing an appeal against the impugned judgment and award. The reasons have been stated in the application.

3. Learned advocate for the respondents submits that considering the reasons stated in the application, the Court may pass an appropriate order. They submit that if the delay is condoned, then the appellant shall not be entitled to get interest for the delayed period.

4. The reasons stated in the application are sufficient to grant the application. The application is accordingly allowed. The delay of 10205 days caused in filing the appeal stands condoned.

5. It is made clear that the appellant shall not be entitled to get interest for the delayed period of 10205 days, in case 2 19 caf3353.19.odt

the appeal is allowed.

6. The appeal be registered.

7. The application stands disposed of, accordingly.

First Appeal St. No. 29248 of 2018

1. Heard learned advocate for the appellant.

2. ADMIT.

3. Ms. T. H. Udeshi, learned Assistant Government Pleader waives service of notice on behalf of respondent nos.1 and 2.

4. Ms. Mallika Babhulkar, learned advocate holding for Mr.M.A.Kadu, learned advocate waives service of notice on behalf of respondent no.3.

5. Learned advocate for respondent no.3 submits that it is a covered matter and can be disposed of. 6, List this matter on 11.09.2023.

JUDGE Diwale

Signed by: DIWALE Designation: PS To Honourable Judge Date: 06/09/2023 10:58:23