Ambalal Ravsing Nayak vs The State Of Maharashtra And Ors
2024 Latest Caselaw 850 Bom

Bombay High Court

Ambalal Ravsing Nayak vs The State Of Maharashtra And Ors on 12 January, 2024

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                                                             ca5148.21.odt

         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                    CIVIL APPLICATION NO. 5148 OF 2021 IN
                     FIRST APPEAL ST. NO. 18587 OF 2019

     Ambalal Ravsing Nayak                             .. Applicant

           Versus

     The State of Maharashtra & others                 .. Respondents


     Mr. Kumar Gaurav M. More, Advocate for the applicant.
     Mr. S. V. Hange, AGP for the State.


                                  CORAM : R. M. JOSHI, J.

DATE : 12th JANUARY, 2024.

PER COURT :

1. This is an application for condonation of delay of 2395

days in preferring appeal against judgment and award dated 30 th

August, 2012 passed by Civil Judge Senior Division, Nandurbar in

LAR No. 20/2012.

2. Learned counsel for applicant/original claimant contends

that applicant is a poor person doing labour work with no sufficient

means of income. According to him, he had to raise loan for the

purpose of preferring this appeal.

ca5148.21.odt

3. None appears for acquiring body inspite of service of

notice. This indicates that the acquiring body is not interested in

opposing the application. Learned AGP opposed the application.

4. Considering the reasons mentioned in the application, no

malafides can be attributed to the applicant for not preferring the

appeal in time. It is clarified that applicant/appellant would not be

entitled to interest on amount if he succeeds in the appeal for the

aforesaid period. In view of this, delay deserves to be condoned.

Hence, application is allowed in terms of prayer clause 'B'. Appeal be

registered.

( R. M. JOSHI) Judge dyb