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Bombay High CourtIA/2417/2023disposed off

Baburao Rawan Birajdar And ANR. v. Union Of India, Thr.General Manager, Mumbai

2024-03-05Hon'Ble Shri Justice Kishore C. Sant2 pages

(49)-IA-2417-23.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.03.06 10:11:41 +0530 BALAJI GOVINDRAO PANCHAL INTERIM APPLICATION NO.2417 OF 2023 IN FIRST APPEAL STAMP NO.4812 OF 2023 Baburao Rawan Birajdar & Anr.

..Applicants

Versus

Union of India ..Respondent Mr. Vasim Siddiqui, for the Applicants.

None for the Respondent.

CORAM : KISHORE C. SANT, J.

DATE : 5th MARCH, 2024 P.C.

1.

In spite of service, none appears for Respondent. 2.

Heard this Application.

3.

Learned advocate submits that delay is only of 48 days and that is caused for the reasons stated in the Application. In the Application, it is stated that the impugned judgment is passed on 8th September, 2022. Application for certified copy was made on the same day. Certified copy was delivered on 11th October, 2022. It is further stated that the Applicant/Appellant No.2 was not keeping well and therefore the Appellants could not make arrangement to instruct lawyer to file Appeal. In that process delay of 48 days is caused.

BGP.

(49)-IA-2417-23.doc.

4.

For the reasons recorded, Application stands allowed. Delay stands condoned.

5.

Office to register the First Appeal.

6.

After registering the First Appeal, issue notice to Respondent, returnable on 3rd April, 2024.

[KISHORE C. SANT, J.] BGP.