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Bombay High CourtCA/4291/2017disposed offdismissed for default

M.S.R.T.C. Thr Its Divisional Controller, Division Office, Yeotmal And ANR v. Dayanand Maroti Raut

2017-09-22Hon'Ble Shri Justice K.L. Wadane2 pages

ca4291.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4291 OF 2017 IN FAST/4579/2017 M.S.R.T.C. THR ITS DIVISIONAL CONTROLLER, DIVISION OFFICE, YEOTMAL AND ANR

VERSUS

DAYANAND MAROTI RAUT ...

Advocate for Applicants : Reddy Ranjana D.

G.N.Chincholkar For R sole .....

CORAM : K.L.WADANE, J.

DATED : 22nd September, 2017 O R D E R :

This is an application filed by the appellants for condonation of delay of 81 days in filing First Appeal.

2.

The reasons for the same are that after passing the judgment and award it was communicated to the concerned advocate with proposal to file the appeal. Office of the applicants forwarded the same to the higher office of M.S.R.T.C. Mean time, power to deal with the proposals was transferred by the Regional Office to the office at Aurangabad. Thereafter proposal came to be sanctioned by the Regional office on 17.11.2016.

ca4291.17 The appellants/applicants gave instructions to the panel advocate. Therefore time was consumed in getting instructions and in that process delay has been caused as indicated above.

3.

Delay caused is satisfactorily explained and it is caused due to procedure to be followed by M.S.R.T.C. while presenting appeal. Delay is accordingly condoned.

4.

Civil Application is disposed of.

5.

In First Appeal, issue notice to the respondent sole, returnable on 4.12.2017.

6.

Learned counsel waives service of notice for respondent.

7.

Call R. and Ps.

(K.L.WADANE, J.) dbm