The Manager,The Bombay Electricity Supply And Transport Undertaking v. Smt. Janet Ravi Thomas And ORS

16.632.13 caf.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 632 OF 2013 IN FIRST APPEAL ST NO. 34410 OF 2012 The Manager, Brihan Mumbai Electric Supply & Transport Undertaking ....

Applicant V/s.

Smt. Janet Ravi Thomas and others ....

Respondents Mr. Madhukar Kalzunkar Advocate with Ms. Namita Mestry Advocate i/b Navdeep Vora & Associates Advoate for Applicant/Appellant Mr. Nikhil Mehta Advocate i/b KMC Legal Venture, Advocate for respondent nos. 1 to 4 CORAM : K. K. TATED, J.

DATED : 18/02/2016 P.C.:

Heard learned counsel for parties.

2) This application preferred by opposite party for condonation of 50 days delay in filing first appeal challenging the Judgment and Award dated 02/07/2012 passed by M.A.C. Tribunal, Mumbai in Application No. 3035 of 2005.

3) Considering the submissions made by learned counsel for the applicant and averments made in civil application, I am satisfied that applicant has made out a case for allowing the civil application. 4) Hence, following order.

ism 1/2

16.632.13 caf.doc (i) Application is allowed in terms of prayer clause (a) which reads thus.

"(a) The delay of 50 days in filing the above Appeal from the Judgment and Order dated 02nd July, 2012, passed by the Hon'ble Member, Motor Accident Claim Tribunal, Mumbai be condoned and the above Appeal be heard on merits."

(ii) Application stands disposed of accordingly.

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