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Bombay High CourtCAF/4099/2018

Shri. Ramkrit Badrinath Varma And ORS. v. Shri. Sagar B. Itankar And ANR.

2019-08-07Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 27 CAF4099.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4099 OF 2018 IN FIRST APPEAL (ST.) NO. 22040 OF 2018 Ramkrit Badrinath Varma and ors.

....Applicants V/s.

Sagar B. Itankar and anr.

....Respondents Mr. T.J. Mendon for the applicants.

None for the respondents.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 07th AUGUST, 2019 P.C.:­ .

By this application, the applicants have sought to condone the delay of 98 days in filing the appeal against the judgment and award dated 24/01/2018 passed by the learned Member, MACT, Mumbai in Application No.1736/2011.

2.

The reasons for the delay are spelt out in paragraph 4 of the application. The same have remained uncontroverted as the respondents have not remained present despite due service. The reasons stated in paragraph 4 of the application, in my considered view, constitute sufficient cause. Hence, the delay is condoned. Appeal be registered.

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P.H. Jayani 27 CAF4099.18.doc 3.

Civil Application No.4099/2018 stands disposed of. ORDER IN FIRST APPEAL (ST.) NO.22040/2018 :­ 4.

Issue notice to the respondents, returnable on 04/09/2019. Preeti H.

Jayani Private service is permitted. Appeal be listed for 'admission' on Preeti H. Jayani Date: 2019.08.09 17:28:56 +0530 04/09/2019.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2