Bhurabhai Bijalbhai Varchand @ Ahir And Others v. The Municipal Corporation Of Gr. Mumbai Through The General Manager

Y.S.Patil 11-4326-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION (ST) NO. 4326 OF 2019 IN FIRST APPEAL (ST) NO. 31825 OF 2019 Bhurabhai Bijalbhai Varchand@ Ahir & Anr. .. Applicants/ Appellants

Versus

The Municipal Corporation of Gr. Mumbai .. Respondent ******* Mr. T.J. Mendon for the Applicants.

Ms. Shraddha Chheda i/b Navdeep Vora and Associates for the Respondent.

******* CORAM: ABHAY AHUJA, JJ.

DATE : 16th JUNE 2022 P.C. :- 1.

By this Application, the Applicants/Appellants are seeking condonation of delay of 93 days in filing of Appeal against Judgment dated 1st April 2019, by the Motor Accident Claims Tribunal, Mumbai in MACT Application No. 2168 of 2013. 2.

Mr. T.J. Mendon Learned Counsel for the Applicants/ Appellants draws attention of this Court to paragraphs No. 4 1/2

Y.S.Patil 11-4326-2019.doc and 5 of the application to explain the delay. 3.

Learned Counsel appearing for the Respondent-BEST Undertaking takes a formal objection to this application. 4.

Having perused the said paragraphs and having heard learned Counsel for the Applicants, this Court is satisfied that there was sufficient cause for the delay.

5.

In this view of the matter, delay of 93 days is hereby condoned.

6.

The Application stands disposed of.

7.

Copy of the First Appeal be served on the Respondent. 8.

List the Appeal for admission on 30th June 2022. (ABHAY AHUJA, J.) 2/2