Bombay High Court
DHONDIBA BABURAO SHEP (DIED) THR LRS SATYABHAMA AND ANRversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the 282‑day delay and allowed the application for condonation of delay.
Summary
The applicants, heirs of the deceased Dhondiba Baburao Shep, sought condonation of a 282‑day delay in filing a first appeal against an award that enhanced their compensation. The Court examined whether the delay could be justified under the principles of equity and procedural law. Considering the reasons set out in the application, the Court found the delay excusable and granted condonation. It further clarified that the applicants would not be entitled to interest on the enhanced compensation for the period of delay, subject to an undertaking to be filed. The first appeal was ordered to be registered and the civil application was disposed.
Issues considered
- Whether a delay of 282 days in filing a first appeal against a compensation award can be condoned.
Subjects
- condonation of delay
- civil procedure
- first appeal
- compensation award
- interest on compensation
Judgment
2026:BHC-AUG:1392-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 13272 OF 2018
IN FAST/31782/2018
Dhondiba Baburao Shep
Died through his L.Rs.
Satyabhama Nilkanth Garje and another .. Applicants
Versus
The State of Maharashtra and others .. Respondents
Mr. S. R. Shirsat, Advocate for Applicants.
Smt. Jayshri P. Reddy, AGP for Respondent-State.
Mr. Girish R. Rane, Advocate for Respondent No. 3.
CORAM : KISHORE C. SANT AND
SUSHIL M. GHODESWAR, JJ.
DATE : 13th JANUARY, 2026.
PER COURT :-
1. This application is for condonation of delay caused in filing
the first appeal against the award for enhancement in the amount
of compensation.
2. For the reasons stated in the application, delay of 282 days
stands condoned. The application is allowed.
3. It is made clear that, the applicants shall not be entitled to
any interest on the amount of compensation for the period of
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2 19-CA 13272-2018.odt
delay, in case, the same is enhanced. Undertaking to that effect be
filed before the next date by the applicants. The copy of the same
be given to the respondents as well.
4. Office to register the first appeal.
5. The civil application is disposed of.
( SUSHIL M. GHODESWAR, J.) ( KISHORE C. SANT, J. )
P.S.B.
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