Vinayakrao Shankarrao Parimal v. the Exe. Engineer, Bembla Project Divsn. Yavatmal and Ors.
Case brief
What is this about?
Condonation of delay; restoration application; 3129 days delay; interest on enhanced compensation; delay attributable to appellant; restoration versus delay in filing appeal; abatement set aside; legal representatives brought on record; 200 days; 260 days; death certificate; will-deed; private paper book; order dated 05.06.2017; First Appeal No.138/2012(D); Bombay High Court Nagpur Bench; Pravin S. Patil, J.; CAO 322/2025; not pressed; 2024 days no-interest condition; Supreme Court principle on delay.
What did the court decide?
Delay of 3129 days in filing the restoration application condoned, with leave granted to file the restoration application (seeking to set aside the order dated 05.06.2017), subject to the condition that the appellant will not be entitled to interest on the enhanced amount for the delay of 2024 days in case the appeal is allowed and compensation enhanced; delay of 200 days in setting aside abatement and 260 days in bringing the legal representatives on record condoned and legal representatives permitted to be brought on record, with amendment within one week and waiver of service by respondents on newly added respondents; Civil Application (CAO) No.322/2025 and Misc. Civil Application St. No.2905/2025 disposed of as not pressed.