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Bombay High CourtCAF/1141/2015

The Regional Director Employees' State Insurance Corporation v. Mr. Sunit Chinubhai Parikh Sole Proprietor Of M/S. Suraj Gas Agency And ORS.

2019-08-30Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 924 caf 1141 of 2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL JURISDICTION CIVIL APPLICATION NO. 1141 OF 2015 IN FIRST APPEAL (ST) NO. 20308 OF 2014 The Regional Director Employees'

State Insurance Corporation .. Applicant

Versus

Mr. Sunit Chinubhai Parikh Sole proprietor of M/s. Suraj Gas Agency and Ors.

.. Respondents ...

Ms. Shraddha Chavan i/b. Mr. H. V. Mehta for the Applicant. Mr. Sagar A. Mane for the Respondent No.1.

Mr. Kirankumar Phakade for the Respondent No.2. CORAM: BHARATI DANGRE, J.

DATED : 30th AUGUST, 2019.

P.C:- 1.

In pursuant to the notice issued by this Court on 7th January, 2016 on the application for condonation of delay, respective counsel for the respondent No. 1 and 2 strongly opposed the application for condonation of delay and submitted that the case is not made out for condonation of delay. 2.

I have heard the learned counsel for the respondents Sonali Patil

2/2 924 caf 1141 of 2015.doc and I have perused the application. In paragraph 4 of the application, the applicant has proceeded to set out the reasons pointing out the dates and event which occurred before it could finally institute the appeal on 24th July, 2014. 3.

I am satisfied that the said paragraph offers the explanation and according to me, this is sufficient justification offered by the applicant, which deserves the delay of 95 days to be condoned. In such circumstances, Civil Application No. 1141/2015 is allowed in terms of prayer clause (a). Registry is directed to register the First Appeal. Learned counsel waives service for respondents. First Appeal is directed to be listed on 26th September, 2019.

SMT. BHARATI DANGRE, J.

Sonali Patil