Ashikali Kaddus Shaikh And ANR v. Akbar Bawa Patel And ANR

29.2286.12-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2286/2012 IN FIRST APPEAL (ST) NO. 14070/2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. Shruti Gokhale i/b. A. M. Gokhale for the Applicant CORAM : K. K. TATED, J.

DATE : FEBRUARY 22, 2016 P.C.:

1.

Heard the learned counsel for the Applicant. None for the Respondent though duly served.

2.

This Application is made by the claimants for condonation of 382 days delay in preferring the appeal challenging the judgment and award dated 09/02/2011 passed by Commissioner for Workmen's Compensation and Judge, 2nd Labour Court, Mumbai in Application No.(WCA)/831/B­ 161/2007.

3.

The learned counsel for the Applicant submits that because of financial difficulties, it remained on their part to file the First Appeal in Basavraj G Patil 1/2

29.2286.12-caf time. In support of this contention, the learned counsel for the Applicant relies on paragraph Nos.2 to 4 of the Civil Application.

4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clause (a) which reads thus:

(a) Delay of 382 days in preferring the First Appeal be condoned.

b) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2