1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Appliation St. No. 889 of 2009 In FIRST APPEAL ST. NO. 1961 OF 2009. Western Coalfields Ltd. Vs. Vitthal Govinda Bodhe ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Shri A. S. Mehadia Adv. for appellant. CORAM: C. L. PANGARKAR J. DATED: 28 th JULY, 2009. Heard counsel for the appellant. There is a delay in preferring an appeal. The delay is said to be of 35 days. For the reasons stated in the application delay stands condoned. This appeal is preferred against the award passed by the Special Tribunal constituted under the Coal Bearing Areas (Acquisition & Development) Act 1957. While passing the award the Court has directed 2 the present appellant to pay an interest under Section 17(3) of the said Act. This is the only challenge in the appeal. A decision has been delivered by this Court in First Appeal No. 166 of 1996 decided on 08.05.2009. By this judgment this Court has held that the claimant is entitled to interest under Section 17(3) of the Coal Bearing Areas (Acquisition & Development) Act 1957 and in view of this there is no reason for me to take a different view. In view of this the appeal is dismissed in limine. JUDGE svk