-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.886 OF 2007 APPEAL NO.886 OF 2007 APPEAL NO.886 OF 2007 The State of Maharashtra ...Appellant vs. Dhondiram Mahadev Patil & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.887 OF 2007 APPEAL NO.887 OF 2007 APPEAL NO.887 OF 2007 The State of Maharashtra ...Appellant vs. Sadashiv Hari Wadkar & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.888 OF 2007 APPEAL NO.888 OF 2007 APPEAL NO.888 OF 2007 The State of Maharashtra ...Appellant vs. Balu Hindurao Shinde (since deceased through L.Rs.) & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.889 OF 2007 APPEAL NO.889 OF 2007 APPEAL NO.889 OF 2007 The State of Maharashtra ...Appellant vs. Ramchandra Tatoba Barage & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.890 OF 2007 APPEAL NO.890 OF 2007 APPEAL NO.890 OF 2007 The State of Maharashtra ...Appellant vs. Sushila Shamrao Patil & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.891 OF 2007 APPEAL NO.891 OF 2007 APPEAL NO.891 OF 2007 -2- The State of Maharashtra ...Appellant vs. Balasaheb Vishnu Chougule & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.892 OF 2007 APPEAL NO.892 OF 2007 APPEAL NO.892 OF 2007 The State of Maharashtra ...Appellant vs. Vilas Baburao Shete & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.893 OF 2007 APPEAL NO.893 OF 2007 APPEAL NO.893 OF 2007 The State of Maharashtra ...Appellant vs. Laxman Shivram Patil & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.894 OF 2007 APPEAL NO.894 OF 2007 APPEAL NO.894 OF 2007 The State of Maharashtra ...Appellant vs. Krishnat Santram Kogekar & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.895 OF 2007 APPEAL NO.895 OF 2007 APPEAL NO.895 OF 2007 The State of Maharashtra ...Appellant vs. Krishnatlahu Patil & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.896 OF 2007 APPEAL NO.896 OF 2007 APPEAL NO.896 OF 2007 The State of Maharashtra ...Appellant vs. -3- Tarubai Shankar Kumbhar & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.897 OF 2007 APPEAL NO.897 OF 2007 APPEAL NO.897 OF 2007 The State of Maharashtra ...Appellant vs. Shobha Vishnu Kamble & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.898 OF 2007 APPEAL NO.898 OF 2007 APPEAL NO.898 OF 2007 The State of Maharashtra ...Appellant vs. Krishnat Bapu Patil & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.899 OF 2007 APPEAL NO.899 OF 2007 APPEAL NO.899 OF 2007 The State of Maharashtra ...Appellant vs. Krishna B. Kiralkar & Ors. ...Respondents WITH WITH WITH SECOND SECOND SECOND APPEAL NO.900 OF 2007 APPEAL NO.900 OF 2007 APPEAL NO.900 OF 2007 The State of Maharashtra ...Appellant vs. Balwant Shivappa Banchode & Ors. ...Respondents Ms S.P.Manchekar,A.G.P. for State Mr.A.Y.Sakhare, Sr.Counsel i/b Mr.S.R.Ganbavale for Respondent No.1. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 29,2008 : JANUARY 29,2008 : JANUARY 29,2008 P.C.: P.C.: P.C.: -4- 1. On the last date, submissions of the parties were heard on merits of the Second Appeals. The learned A.G.P. sought time to take instructions and therefore, the order was not passed on the last date. 2. Today, the learned A.G.P. has placed on record a communication dated 29th January 2008 sent by the Joint Secretary,(Special), Home Department, Government of Maharashtra. The said letter records that in case of some of the decrees which are impugned in some of the Second Appeals, interest awarded is at the rate of 9% p.a. or 12% p.a. and if the rate of interest is reduced to 8% p.a. and if the amount of costs is waived, the State Government will withdraw the Second Appeals. She stated that time of two months be granted to pay the decretal amount. 3. The learned Senior Counsel for the Respondents-original plaintiffs fairly states that in so far as rate of interest is concerned, the matter is left to the court. He, however, states that the Respondents have incurred costs for prosecuting the suits and Appeals and therefore, the said amount may not be waived. 4. The Respondents are original plaintiffs. The Respondents -5- are either legal representatives of the victims or the injured persons in the firing opened by the police near the Bhogavati cooperative sugar factory. The suits were filed for claiming the compensation. The suits have been decreed and the decree has been confirmed by the first Appellate Court. Now, the State Government has fairly accepted to pay compensation as per the decrees subject to what is set out in the communication dated 29th January 2008. Considering the facts and circumstances of the case, wherever the interest at the rate of more than 8% p.a. is awarded, the same can be brought down to 8% p.a. Considering the fact that the second Appeals are not being pressed, the State Government cannot be made to pay costs of the Second Appeals to the Respondents. However, the costs payable as per the impugned Judgments and decrees cannot be waived as the Respondents have incurred expenditure for prosecuting the suits and for contesting the Appeals preferred by the State Government before the District Court. However, longer time can be granted to the Appellant-Statement Government to pay the costs. 5. Except in Second Appeal No.892 of 2007, in case of other Second Appeals, by the impugned Judgments and decrees, interest at the rate of more than 8% p.a. has been awarded by the trial court. The said decrees will have to be modified to that extent. -6- 6. Hence, I pass the following order : i) Second Appeal No.892 of 2007 is dismissed as not pressed. ii) Impugned Judgments and Decrees subject matter of challenge in Second Appeal Nos. 886/2007, 887/2007, 888/2007, 889/2007, 890/2007, 891/2007, 893/2007, 894/2007, 895/207, 896/2007, 897/2007, 898/2007, 899/2007 and 900/2007 are modified by directing that the interest payable on the decretal amount will be at the rate of 8% p.a. The other challenge in the said Appeals is not pressed. The Appeals are accodingly disposed of. iii) Time of two months is granted to the Appellant-State Government to deposit the decretal amount inclusive of interest. iv) Time of four months is granted to the Appellant to deposit the costs payable in terms of the impugned Judgments and decrees. v) There will be no order as to costs in the Second Appeals. vi) Parties to act upon an authenticated copy of this order. -7- JUDGE JUDGE JUDGE