Mr. Shankar Devgir Gosavi v. Mr. Bilal Mohammad Yusuf Patel And ANR.
19 caf3167-15.doc FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3167 OF 2015 IN FIRST APPEAL (ST.) NO.10161 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Omkar Paranjape i/b Mr.A.M.Gokhale for the applicant CORAM : K. K. TATED, J DATE : APRIL 30, 2019 P.C.:
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Heard.
By this Civil Application, Applicant Claimant is seeking condonation of 309 days delay in filing First Appeal challenging the judgment and award dated 18.2.2014 passed by MACT, Nashik in MACP No.766 of 2009.
The learned counsel for the Applicant submits that because of financial difficulty and the medical treatment which was going on for last one year, there is a delay in filing First Appeal. He further submits that because of family dispute, it remained on the part of Mohite 1/2
19 caf3167-15.doc Applicant to file present Civil Application within time.
Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application, the reason disclosed in paragraph 3 of the Civil Application and on payment of cost, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:
a) Delay in filing the First Appeal is condoned. b) Applicant to pay cost of Rs.2,500/-.
c) Cost shall be paid to Kirtikar Law Library, High Court, Mumbai, on or before 14.06.2019 and place a receipt thereof on record, failing which the Civil Application shall stand dismissed without further reference to the court.
d) Appellant to remove all office objections in First Appeal on or before 21.06.2019.
e) If cost is paid within stipulated time as stated hereinabove, Registry is directed to place First Appeal (ST) No.10161 of 2015 on board for admission on 24.06.2019.
f) Civil application stands disposed of accordingly.
(K.K.TATED, J.) Mohite 2/2