Smt. Krishnabai Ambadas Kharatmal v. Smruthi Organics Limited Thr. Its Director-Shri. Vijay R. Changale And ANR.

hcs 911.caf3657.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3657 OF 2016 IN FIRST APPEAL STAMP NO.16473 OF 2016 Smt.Krishnabai A. Kharatmal ...

Applicant.

V/s.

Smruthi Organics Ltd. & Anr.

...

Respondents.

Mr.Y.G.Thorat i/b Ashok B. Tajane for the Applicant. Mr.Anvil S. Kalekar for the Respondents.

CORAM : V.G. BISHT, J.

DATE : 6TH DECEMBER, 2019.

P.C.:

1.

None present for the applicant. Heard Mr.Anvil Kalekar, learned counsel for the respondents. 2.

Read application. The applicant is seeking condonation of delay of 39 days in filing the present appeal against the judgment and award passed in Application W.C.No.91 of 2013 by learned Judge, Labour Court, Solapur.. According to the applicant, the delay is unintentional and despite pursuing matter diligently could not file appeal within time due to unavoidable circumstances. He, therefore, prays for condonation of delay of 39 days in preferring the appeal. 3.

Learned counsel for the respondents submitted before me that the delay is not satisfactorily explained and whatever is contended in paragraphs 4, 5 and 6 of the application about delay is full of vagueness. In the 1/2

911.caf3657.16.odt circumstances learned counsel submitted that the delay should not be condoned.

4.

I have carefully gone through the contents of application. It is specifically mentioned by the applicant that he was diligently pursuing the case and due to unavoidable circumstances there is delay and he could not prefer appeal in time. It may be that those unavoidable circumstances are not explained yet by not filing the appeal in time, the applicant could not have gained anything. Moreover, having regard to delay of 39 days, in my considered opinion, it is always desirable that the matter be heard on its own merits by affording equal opportunity to both the parties. The respondent will not suffer any loss nor any prejudice would be caused to them, if the matter is heard after condoning the delay.

5.

In the circumstances the application is allowed and delay of 39 days stand condoned. The appeal be registered in accordance with law and be put up for admission after vacation.

(V.G. BISHT, J.) 2/2