Smt. Smita Vishwas Deshmukh And ORS v. Sou. Jyoti Deepak Makkad And ANR

10.437.12-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.437/2012 with First Appeal (ST) No.34772/2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. S. G. Thorat I/b. t. J. Mandon for the Applicant Mr. I. R. Kulkarni for Respondent NO.2.

CORAM: K.K.TATED, J.

DATED : SEPTEMBER 25, 2019 P.C.

Heard.

This Application is for condonation of 174 days delay in preferring the appeal challenging the judgment and award dated 08.03.2011 passed by the MACT Raigad in MACP No.274/2008.

Though the Respondent No.1 is duly served, none appeared for him when the matter was called out.

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.

Basavraj G. Patil 1/2

10.437.12-caf.odt 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.

d.

The Appellant is directed to remove all office objections on or before 11.10.2019, failing which the First Appeal shall stand dismissed without further reference to the court.

e.

The First Appeal to come up on board on 16.10.2019, for admission.

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