Bombay High Court

ASHOK DHANA BAVASKAR.versusTHE COLLECTOR JALGAON DIST JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 1,538‑day delay and allowed the cross‑objection, but denied the applicant any interest or statutory benefits for the delayed period.

Summary

The applicant filed a civil application seeking condonation of a 1,538‑day delay in filing a cross‑objection to a compensation enhancement proceeding. The applicant argued that a statutory right to seek higher compensation required the court to permit the delayed cross‑objection. The respondent State and other parties opposed, but the court examined the reasons for delay set out in the application. Relying on the principle that delay may be condoned if sufficient justification is shown, the judge allowed the application. The court ordered the delay condoned, the cross‑objection registered, but held that the applicant would not be entitled to interest or statutory benefits for the period of delay. The cross‑objection is to be listed along with the first appeal.

Issues considered

Whether a delay of 1,538 days in filing a cross‑objection can be condoned under civil procedure law
Whether the applicant is entitled to interest and statutory benefits for the period of delay

Subjects

condonation of delay
cross objection
civil procedure
compensation enhancement
interest entitlement

Judgment

2026:BHC-AUG:41267

                                                       1
                                                                       936-ca-10114-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 10114 OF 2026
                                          IN X-OBJST/19418/2026

                                         Ashok Dhana Bavaskar.
                                                 VERSUS
                               The Collector Jalgaon Dist Jalgaon And Ors.
                                                    ...
                     Ms. Renuka Pawar h/f Mr. V. P. Patil, Advocate for Applicant
                     Mr. K. B. Jadhavar, AGP for Respondent-State
                     Mr. A. D. Pawar, Advocate for Respondent nos.3 and 4
                                                   …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 04TH SEPTEMBER, 2026
                     P.C. :-

                     .         This application is filed for condonation of delay caused

                     in filing the Cross Objection.

                     2.        It is submitted by learned Advocate for the applicant

                     that the reasons seeking condonation of delay have been

                     stated in the application. It is further submitted that the

                     applicant has a statutory right to seek enhancement of

                     compensation and for that an opportunity needs to be given to

                     them by condoning the delay and hearing them in the Cross

                     Objection.

                     3.        Mr. A. D. Pawar, learned Advocate for respondent nos.3

                     and 4 and learned AGP for respondent State would pray to

                     pass appropriate orders.
                                   2
                                                     936-ca-10114-2026

4.      Considering that this application is filed in Cross

Objection by the claimants, I deem it appropriate to allow the

application condoning the delay caused in filing the Cross

Objection. Hence, considering the reasons justifying the delay

as stated in the application and for the reasons recorded

above, I pass following order:

                                ORDER

        a.       Civil Application stands allowed.
        b.    The delay of 1538 days caused in filing the
        Cross Objection stands condoned.
        c.       Cross-Objection be registered.
        d.     It is made clear that the applicant shall not
        be entitled for the interest and statutory benefits
        for the period of delay.
        e.       Civil Application stands allowed.

CROSS OBJECTION ST. NO.19418 OF 2026
.       Issue notice to the respondents. Learned AGP waives

service of notice for respondent nos.1 and 2. Learned

Advocate Mr. A. D. Pawar waives service of notice for

respondent nos.3 and 4.

2.      Cross Objection be listed alongwith the First Appeal.



                                       ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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