Mr. Santosh Mohan Dukale (Minor) Through His Natural Guardian Shri. Mohan Appa Dukale v. M/S. Delhi Rajasthan Transport Co. Ltd. And ANR.

901.1626.16-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.1626/2016 with First Appeal (ST) No.21958/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Rajesh S. Jadhav for the Applicant Mrs. Aditi Sharma i/b. Res Juris for Respondent No.2 CORAM: K.K.TATED, J.

DATED : AUGUST 6, 2019 P.C.

Heard. By this Civil Application, the Applicant - claimant is seeking condonation of 354 days delay in filing the First Appeal challenging the judgment and award dated 28.04.2014 passed by the MACT, Solapur in MACP No.238/2011.

The learned counsel for the Applicant submits that they have already served the Respondent the entire proceedings.

He has filed an Affidavit of service to that effect. Same is on record.

In spite of service, there is no Affidavit-in-Reply to oppose the Civil Application.

Basavraj G. Patil 1/2

901.1626.16-caf.odt 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.

Hence, the following order:

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

"(a) This Hon'ble Court may be pleased to condone the delay of 354 days in filing present First Appeal."

b) Civil application stands disposed off accordingly.

e) The Appellant undertakes to remove all office objections on or before 20.08.2019. The undertaking is accepted.

f) If all office objections are removed within stipulated time as stated hereinabove, Office is directed to place the matter on board on 26.08.2019, else, as per CMIS date.

(K.K.TATED, J.) Basavraj G. Patil 2/2