Shri. Sheshmani Ramchandra Pandey v. Shree Ramburi Varma And ORS.

Trupti 20-caf-735-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 735 OF 2017 IN FIRST APPEAL ST. NO. 14339 OF 2015 Shree Sheshmani Ramchandra Pandey ...Applicant

Versus

Shree Ramburi Varma & Anr.

...Respondents

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Mr.Vikrant Desai h/f. Mr. H. Kumar Vaidyanathan for the Applicant. Ms. Jaya Pawar for the Respondents.

......

CORAM:MRS.MRIDULA BHATKAR, J.

DATE :JANUARY 24, 2018 P.C.:

1.

This Application is moved for condonation of delay of 46 days in filing the First Appeal.

2.

The learned counsel for the applicant submitted that there is a delay of 46 days in filing First Appeal. The learned counsel for the applicant submitted that the applicant could not contact his advocate in time and he was under bonafide belief that the application is required to be filed within 60 days from the date of receipt of the impugned order. 3.

The learned counsel for the respondents opposes this application. She submits that the Appeal is not maintainable under Section 30 of the Workmen's Compensation Act.

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Trupti 20-caf-735-17.doc 4.

In view of the reasons mentioned in the application and considering the short period of delay, delay is condoned. 5.

Civil Application is allowed and is accordingly disposed of. 6.

Place the First Appeal for admission on 21st March, 2018. (MRIDULA BHATKAR, J.) 2 / 2