1 45-IA-332-2026 (C) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 332 OF 2026 IN FIRST APPEAL ST NO. 721 OF 2026 Kavita Tanaji Chavan & Ors. ...Applicants Vs. Gajanan Manik Chavan & Ors. ...Respondents ... Mr. Tejpal Ingale with Ms. Vrunali Vilankar, Advocate for the Applicants. Mr. Nagesh Chavan, Advocate for the Respondent Nos.1 & 3. Ms. Vaishali Mohite with Mr. Sourabh Patil, Advocate for the Respondent No.3. ... CORAM : SHAILESH P. BRAHME, J. DATE : 11TH SEPTEMBER, 2026. ORDER : . Heard both sides. 2. The Applicants seek condonation of a delay of 4 years and 11 months in preferring the First Appeal seeking enhancement of compensation. 3. It is submitted by Mr. Tejpal Ingle, learned counsel appearing for the Applicant, that, for the reasons stated in Paragraph Nos. 4 to 7 of the Application, the delay deserves to be condoned. It is submitted that the liability extends to the 2 45-IA-332-2026 (C) Insurance Company also. It is contended that, though notices were issued to Respondent Nos. 1 and 2 apprising them of their liability to pay the award amount, they have remained non- responsive. 4. Mr. Nagesh Chavan, learned counsel appearing for Respondent Nos. 1 and 2, would submit that the plea of the Applicant regarding the meetings and understanding between the parties is totally false and is denied. He would submit that the Application deserves to be rejected on account of the incorrect statements made therein. It is submitted that there is an inordinate delay in filing the Application and that the reasons stated therein are not corroborated. 5. Learned counsel appearing for the Respondent-Insurance Company submits that the Application is liable to be rejected. Learned counsel would submit that notice was issued on 22.02.2022. Thereafter also, there is a delay in preferring the Appeal. 6. The averments of the Application upon which the delay is sought to be condoned have not been controverted by the Respondents by filing an appropriate reply. There is nothing on 3 45-IA-332-2026 (C) record to suggest that the reasons stated in the Application are liable to be discarded. The predominant member of the family lost his right. The contention of the Applicants that the awarded amount has not been paid to the Applicants needs to be accepted. The notice issued by them was not statutory one. I do not find any mala fide on the part of the Applicant in filing the Application belatedly. It is desirable to condone the delay. 7. There is a delay of 4 years and 11 months. The Applicant Nos. 2 and 3 are major sons of the deceased. It is the case of the claimants that the deceased was cultivating agricultural land and he was doing milk business also. Some lapses are attributable to the Applicants, and for that purpose, I deem it appropriate to forfeit interest for three years. 8. The Application is allowed. The delay stands condoned on the condition that the Applicants shall not be entitled to interest for three years, in case they succeed in the First Appeal. 9. Issue notice to Respondents, returnable on 23.10.2026. FIRST APPEAL ST NO. 721 OF 2026: 10. Admit. 4 45-IA-332-2026 (C) 11. Call for record and proceedings. Print is dispensed with. 12. Parties shall be at liberty to supply copies of paper book. [ SHAILESH P. BRAHME J. ] Suresh