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Bombay High CourtCA/2659/2017disposed offdismissed for default

Shivkanta Santosh Gaware And ORS v. Maharashtra State Road Transport Corporation, Thr Its Div. Controller, Div. Workshop, Nanded

2017-10-06Hon'Ble Shri Justice K.L. Wadane2 pages

963.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 963 CIVIL APPLICATION NO. 2659 OF 2017 IN FAST/2774/2017 SHIVKANTA SANTOSH GAWARE AND ORS

VERSUS

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, THR ITSDIV. CONTROLLER, DIV. WORKS ...

Advocate for Applicants : Mr. Ghatge Mahesh V. Advocate for Respondent : Mr. Goyanka M.K.

CORAM

: K. L. WADANE, J.

DATE :

6th October, 2017 ORDER:

1.

This is an application for condonation of 85 days delay caused for filing First Appeal.

2.

Heard both the sides.

3.

From the contents of the application it appears that the applicants are the wife, minor son and mother of deceased Santosh. After the death of Santosh, the earning member of their family, the applicants have no source of income. Therefore, they could not afford to engage advocate pay the court-fees. The applicants have received the amount of compensation in the month of January 2017. Thereafter they immediately took the steps to file the present appeal.

4.

The delay caused for filing appeal is reasonable 1/2

963.odt and properly explained, therefore needs to be condoned. Accordingly it is condoned.

5.

Civil Application is disposed of.

6.

In the First Appeal issue notice to the respondent.

7.

Mr. Goyanka, learned counsel waives service of notice for sole respondent.

8.

Call record and proceedings.

9.

Stand over to 04.12.2017.

(K. L. WADANE, J.) mkd 2/2