Shri. Shilakant Jaibinder Zha v. Mr. Babasaheb Sitaram Khakate And ANR.

1 35.4399.14 CAF.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4399 OF 2014 IN FIRST APPEAL (ST) NO. 3944 OF 2014 Shri. Shilakant Jaibinder Zha .....Applicant V/s.

Mr. Babasaheb Sitaram Khakate and another .....Respondents Mr. T. J. Mendon for the applicant None for the respondent CORAM : K. K. TATED, J.

DATE :

MARCH 15, 2019.

P.C.

Heard the learned counsel for the applicant.

Though the respondents are duly served, no one appeared on behalf of them when the matter is called out. By this Civil Application, applicant is seeking condonation of

2 35.4399.14 CAF.doc 48 days delay in filing First Appeal challenging the Judgment and Award dated 21/08/2013 passed by Motor Accident Claims Tribunal at Mumbai in Application No. 1188 of 2007.

Considering the submissions made by the learned counsel for the applicant and the averments made in the Civil Application, I am satisfied that applicant has made out a case for allowing the Civil Application. Hence, following order:

(I) Delay of 48 days in filing First Appeal is condoned.

(II) Civil Application stands disposed of.

(III) No order as to costs.

[K. K. TATED, J.]