Salim Khan Basha Ibrahim Khan And ANR v. Dilesh Road Lines Pvt Ltd And ANR

17-CAF3527-11-D.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3527 OF 2011 IN FIRST APPEAL (ST) NO. 21746 OF 2011 Salim Khan Basha Ibrahim Khan & Anr ...Applicants

Versus

Dilesh Raod Lines Pvt Ltd & Anr

...Respondents

Mr Ramesh Chavanke, Senior Advocate, a/w SS Kathiya, for the Applicants.

CORAM: G.S. PATEL, J DATED:

25th July 2017 PC:- 1.

This civil application for condonation of delay was dismissed by order dated 10th October 2012. The appellant filed Civil Application (St) No. 6216 of 2013 for restoration against respondent no. 1. On that, the Registrar (Judicial-I) passed a conditional order on 7th October 2016. For non-compliance, registration was refused and the civil application therefore stood dismissed for non-service of the restoration application.

2.

This means that the applicant must file a restoration application for restoration of the civil application for restoration of 25th July 2017

17-CAF3527-11-D.DOC the civil application for condonation of delay against respondent no. 1.

3.

I propose to condone all this cumbersome and timeconsuming process and directly restore the delay condonation application. I do so because this is an appeal seeking compensation enhancement by the parents of a victim of a motor accident, one Asif Salim Khan, who died on 17th August 2009 at the age of 28. Asif used to run a shop and the claimants depended on him. 4.

The delay is condoned.

5.

The Civil Application is made absolute and disposed of accordingly. No costs.

(G. S. PATEL, J) 25th July 2017