The High Court condoned a delay of 1765 days in filing a first appeal on the basis of the appellant's undertaking not to claim interest for the delay period. The application was disposed of with the appeal registered.
Application allowed; delay condoned; appeal to be registered; no interest on enhanced compensation for delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ca1050.18.odt
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO. 1050 OF 2018 IN FIRST APPEAL ST. NO. 975 of 2018
Shivaji s/o Vasant Jot
Applicant
Versus
The State of Maharashtra
& others
Respondents
Mr. K.V. Patil, advocate for applicant. Mr. A.M. Phule, A.G.P. for respondents no. 1 and 2.
CORAM : P.R. BORA, J. DATE : 11th FEBRUARY, 2019
PER COURT:
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ca1050.18.odt
condone the delay, the claimants shall be disentitled from claiming interest for the period of delay.
ORDER
i) Application is allowed.
iv) It is clarified that in the event of his success in the appeal, the appellant shall not be entitled for the interest on the enhanced amount of compensation for the period of delay.
v) Copy of the present order be kept alongwith the papers of the appeal.
( P. R. BORA, J)
dyb
1 issue framed by the court
Whether the delay of 1765 days in filing the first appeal can be condoned given the applicant's undertaking to waive interest.
1 provisions across 1 enactments
Shivaji s/o Vasant Jot
The State of Maharashtra
P.R. BORA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
