Shri Anand Hanumant Konale v. Shri Shaikh Allauddin And ANR

2 caf2091-13.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2091 OF 2013 IN FIRST APPEAL (ST.) NO.12604 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.A.M.Savagave for the applicant None for the respondent CORAM : K. K. TATED, J DATE : AUGUST 14, 2019 P.C.:

.

Heard.

Though Respondents are duly served, no one appeared on behalf of them when the matter was called out.

By this Civil Application, Applicant original Claimant is seeking condonation of one year 342 days delay in filing First Appeal challenging the judgment and award 1.2.2011 passed by MACT, Thane in MACP No.649 of Mohite 1/2

2 caf2091-13.doc 2007 dismissing Applicant's claim application under section 166 of the Motor Vehicles Act, 1988 for sum of Rs.3.0 lacs.

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

a.

Delay in filing Civil Application is condoned.

b.

Civil Application stands disposed of accordingly.

c.

No order as to costs.

(K.K.TATED, J.) Mohite 2/2