Prakash Anant Potdar v. Mehul Suryakant Bhatt And ORS
10-CAF 2151.2012 in FA (St.) 13865.2012.doc K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2151 OF 2012 IN FIRST APPEAL (ST.) NO. 13865 OF 2012 Prakash Anant Potdar ...Applicant / Appellant
Versus
Mehut Suryakant Bhatt & Ors.
...Respondents
---------- Ms. Amrin Khan i/b Mr. A.M. Gokhale, Advocate for Applicant/Appellant.
Ms. Poonam Mittal, Advocate for Respondent No.3. ---------- CORAM : R.I. CHAGLA, J.
DATE : 19TH DECEMBER, 2022.
ORDER :
1.
By this Civil Application, the Applicant is seeking condonation of delay of 1 year 20 days in preferring the First Appeal. 2.
The Civil Application had earlier been dismissed as against Respondent No.2 in view of the self operative order dated 5th November, 2012 passed by the Registrar (Judicial II). The order dismissing the Civil Application has been recalled by order dated 14th February, 2022 passed by this Court. The notice was issued to 1/2
10-CAF 2151.2012 in FA (St.) 13865.2012.doc Respondent No.2 and the office noting shows that notice of Respondent No.2 is returned unserved with Bailiff's remark "people not found". The Respondent No.1 is duly served. 3.
Considering that the First Appeal is with regard to the quantum of compensation and for which Respondent No.1 is the only necessary party, against whom compensation has been awarded, the service on Respondent No.2 is dispensed with. 4.
The ground for delay in filing the First Appeal is that the Applicant who has suffered hospitalization due to accident, had 60% disability, accordingly, he could not manage the legal fees to engage an advocate and necessary expenses for filing the First Appeal. 5.
Learned Counsel appearing for Respondent No.3 has not objected for the relief sought for.
6.
In view thereof, the delay of 1 year 20 days in preferring First Appeal, is condoned.
7.
The Civil Application is accordingly disposed of. 8.
The First Appeal shall be placed High on Board. [R.I. CHAGLA, J.] 2/2