Smt Sindhubai Shivaji Fulari And ORS v. Rajendra Jagatsing And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2033 OF 2010 IN FAST/3460/2010 SMT SINDHUBAI SHIVAJI FULARI AND ORS

VERSUS

RAJENDRA JAGATSING AND ORS ...

Advocate for Applicants : Mr. R.E. Pathade, Adv. h/f. Mr. S.G. Rudrawad CORAM : A.M. BADAR, J.

DATE : 8th DECEMBER,2015.

PER COURT:

1] This is an application for condonation of delay in filing appeal under Section 173 of the Motor Vehicles Act, 1988. This is an application by original claimants.

2] The delay occasioned in filing the appeal is explained in the application. The learned counsel for the applicants, submits that because of paucity of funds and as applicants were consulting , whether to lodge appeal or not, the delay in filing appeal has occasioned. 3] The averments made in application are not controverted by non applicants. In fact, the non applicants have chosen to remain absent despite service. Hence, for the stated reasons, the application is allowed. Delay is condoned.

[A.M. BADAR, J] grt/-

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