Abdul Rauf Ghiyasuddin Koor v. Mohamed Ayaz Haji Isak And ANR.

27 caf4025-15.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4025 OF 2015 IN FIRST APPEAL NO.2100 OF 2005 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Megha Navdhare I/b Mr.A.M.Gokhale for the Applicant CORAM : K. K. TATED, J DATE : SEPTEMBER 11, 2019 P.C.:

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Heard.

By this Civil Application, Applicant is seeking early hearing of First Appeal No.2100 of 2005 on the ground that same is admitted by this court by order dated 29.11.2005.

The learned counsel for the Applicant submits that by this First Appeal, Applicant original Claimant is challenging the judgment and award dated 6.7.2005 passed by MACT, Mumbai in MACP No.3807 of 1997 holding Mohite 1/2

27 caf4025-15.doc that Applicant is entitled sum of Rs.4,96,000/- by way of compensation with interest @ 6% p.a. The learned counsel for the Applicant submits that in an accident which occurred on 24.10.1995 Applicant lost his left hand and left leg. To that effect, he relies on photocopy at page 7 'Exhibit 'A' of the Civil Application. The learned counsel for the Applicant submits that their First Appeal is pending for hearing and final disposal by which Applicant is seeking additional compensation.

Considering the submissions made by the learned counsel for the Applicant and the averments made in Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a Printing dispensed with.

b.

Registry is directed to place First Appeal No.2100 of 2005 for final hearing in weekly board as per its turn in the list of expedited matters.

c.

Civil Application stands disposed of accordingly.

d.

No order as to costs.

(K.K.TATED, J.) Mohite 2/2