Anita Sahebrao Bhosale And ORS v. Nitin Gangadharrao Jadhav And ANR

7-CA-4532-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 CIVIL APPLICATION NO. 4532 OF 2018 IN FAST/3767/2018 ANITA SAHEBRAO BHOSALE AND ORS

VERSUS

NITIN GANGADHARRAO JADHAV AND ANR ...

Advocate for Applicants : Mr. Chavan Sudhir K. Advocate for Respondent No.1 : Ms. Manisha Dhule (Patil) ....

CORAM : V.L. ACHLIYA, J.

DATED : 25th JULY, 2018 PER COURT:- 1.

The applicants have moved this application seeking condonation of 243 days delay in filing the appeal seeking enhancement of compensation awarded by the Tribunal. 2.

Heard the learned counsel for the applicants and the respondents no.2. Respondent No. 1 though served, absent. 3.

Learned counsel for the applicants submits that the delay is not deliberate, but due to reasons set out in the application. It is submitted that if the delay is not condoned, serious prejudice may be caused to the applicants.

4.

Learned counsel for the respondent no.2 opposed the application with contention that no sufficient cause has been made out to condone the delay and reasons assigned are after thought.

5.

Considering the cause assigned in the light of unchallenged pleadings in the application, I am of the view that sufficient cause

7-CA-4532-2018 has been made out to condone the delay. Hence, the following order:

ORDER

(A) The application is allowed in terms of prayer clause 'B'. (B) Appeal be registered and place for admission on 23.08.2018. (C) Civil Application is disposed of in above terms. ( V.L. ACHLIYA ) JUDGE SPR