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Bombay High CourtCAF/144/2010disposed off

Mr. Ganesh Pandurang Botre v. 1.Mr.Shankar Sadashiv Mhalaskar And ORS

2015-02-26Hon'Ble Shri Justice K.K. Tated2 pages

144.10-CAF FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.144 OF 2010 IN FIRST APPEAL (ST) NO. 975 OF 2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. R. Agarkar i/b. U. B. Nighot for the Applicant Mrs. D. Shalini Shankar for the Respondent No.3. CORAM : K. K. TATED, J.

DATE : FEBRUARY 26, 2015 P.C.:

1.

Heard. Though the Respondent Nos.1,2 and 4 are duly served, none appeared for them. The learned counsel for the Applicant submits that even in the Trial Court, none appeared for them. 2.

The learned counsel for the Applicant filed an Affidavit of service dated 24/02/2015 which is taken on record.

3.

This Application is preferred by the claimants for condonation of 81 days delay in filing the First Appeal challenging the judgment and award dated 18/07/2009 passed by the MACT, Pune in MACP No.531/1992.

Basavraj G Patil 1/2

144.10-CAF 4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

5.

Hence, the following order:

a) Delay of 81 days in filing the appeal is condoned.

b) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2