Bombay High Court
ASHOK S/O RAGHUNATH WADIKAR DECEASED THROUGH LRS SHARAD AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR LATUR AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court held that a delay of 606 days may be condoned where the claimants have satisfactorily explained the delay and are seeking a statutory entitlement, while the question of entitlement to statutory benefits and interest is to be decided at the final hearing.
Summary
The claimants filed applications seeking condonation of a 606‑day delay in filing their first appeals, asserting a statutory right to enhanced compensation. The State and another respondent opposed condonation, arguing that the claimants would not be entitled to statutory benefits and interest for the delayed period and that the issue should be decided at the final hearing. The Court examined the applicants' explanation for the delay and, noting that they were pursuing a statutory entitlement, decided to condone the delay. It ordered that the question of entitlement to statutory benefits and interest be left open for determination during the hearing of the appeals. Consequently, the applications were allowed, the appeals were to be admitted after removal of any objections, and the civil applications were disposed.
Issues considered
- Whether a delay of 606 days in filing the appeals can be condoned
- Whether the claimants are entitled to statutory benefits and interest for the delayed period
Subjects
- condonation of delay
- statutory compensation
- interest entitlement
- civil procedure
- first appeal
Judgment
2026:BHC-AUG:38250
1 956 CA 13499-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
956 CIVIL APPLICATION NO. 13499 OF 2025
IN FIRST APPEAL (ST) NO. 32668 OF 2025
WITH
CIVIL APPLICATION NO. 13497 OF 2025 IN FAST/32670/2025
WITH
CIVIL APPLICATION NO. 13501 OF 2025 IN FAST/32672/2025
WITH
CIVIL APPLICATION NO. 13505 OF 2025 IN FAST/32786/2025
WITH
CIVIL APPLICATION NO. 13502 OF 2025 IN FAST/32782/2025
WITH
CIVIL APPLICATION NO. 13503 OF 2025 IN FAST/32777/2025
WITH
CIVIL APPLICATION NO. 13500 OF 2025 IN FAST/32674/2025
KHANDERAO S/O SHIVAJI WADIKAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR
AND OTHERS
…
Mr. K.R. Choudhari h/f. Mr. S.B. Solanke – Advocate for Applicants
Ms. V.S. Chaudhari – AGP for Respondent No.1/State
Mr. R.A. Tambe – Advocate for Respondent No.3
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
1. These applications have been filed by the claimants for
condonation of delay of 606 days in filing the appeals in the group of
First Appeals listed today, involving similar matters arising out of the
same group.
2. Learned Counsel for the applicants submits that the delay has been
satisfactorily explained in the applications. It is submitted that the
2 956 CA 13499-2025.odt
claimants are seeking enhancement of compensation as a statutory right.
3. At this juncture, learned Counsel for the contesting respondent
No.3 as well as learned A.G.P. for respondent No.1/State oppose the
applications for condonation of delay on the ground that the claimants
would not be entitled to statutory benefits and interest thereon for the
delayed period. It is submitted that the issue of entitlement to such
statutory benefits and interest be kept open for consideration at the time
of final hearing of the appeals.
4. Considering the explanation given by the applicants and the fact
that the claimants are seeking their statutory entitlement, the delay of
606 days deserves to be condoned. The issue regarding entitlement to
statutory benefits and interest for the delayed period is kept open for
consideration at the time of hearing of the appeals. Hence, the delay of
606 days in filing the appeals stands condoned.
5. The applications are allowed in terms of prayer clause ‘B’.
6. The appeals be placed for admission after removal of office
objections, if any.
7. The Civil Applications are accordingly disposed of.
8. In view of the aforementioned applications, a copy of this order
shall be maintained along with the respective First Appeals.
[ MANJUSHA DESHPANDE, J. ]
Pooja Kale/
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