Anwar Yaqub Khan v. Ali Mohd. Ghous Shaikh And ANR

22.4582.09-caf

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.4582/2009 in First Appeal (ST) No.27764/2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. A. M. Gokhale for the Applicant

CORAM

: K.K.TATED.J.

DATED : JUNE 24, 2019 P.C.

Heard. None for the Respondent though duly served.

This Application is for condonation of 88 days delay in preferring the appeal challenging the judgment and award dated 21.05.2009 passed by the 7th Labour Court, Mumbai in application No.WCA 180/C/57/2007.

The learned counsel for the Applicant submits that as soon as the impugned judgment and award was passed, they applied for certified copy on 04.06.2009 and it was ready on 08.06.2009 and collected on 22.06.2019 and filed present appeal on 20.11.2009. He submits that in the interest of justice, this Hon'ble Court be Basavraj G Patil 1/2

22.4582.09-caf pleased to condone the delay in filing the First Appeal. He submits that they have good chance of success in the matter. He submits that if the delay is not condoned, irreparable loss will be caused to them.

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

Hence, following order is passed:

a.

Delay in filing the First Appeal is condoned.

b.

The Civil Application stands disposed of accordingly.

c.

No order as to costs.

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