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Bombay High CourtCA/2988/2018disposed offdismissed for default

The M.S.R.T.C., Thr Div. Controller, Beed And ANR v. Prakash Shriram Pawar

2018-07-03Hon'Ble Shri Justice K. K. Sonawane1 pages

1 914-CA-2988-18-D

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2988 OF 2018 IN FAST/4931/2018 M.S.R.T.C., THR DIV. CONTROLLER, BEED AND ANR

VERSUS

PRAKASH SHRIRAM PAWAR ...

Advocate for Applicants : Mr. S. R. Bagal.

Advocate for Respondent : Mr. Pawan K. Lakhotiya ...

CORAM : K.K. SONAWANE, J.

DATED : 3rd JULY, 2018.

Order :- 1.

Heard Mr. Bagal, learned counsel for applicants and Mr. Lakhotiya, learned counsel for respondent-original claimant. Perused the application. 2.

The present application is moved for condonation of 22 days delay caused for filing first appeal against impugned Judgment and Award passed by learned Motor Accident, Claims Tribunal, Beed in M.A.C.P. No. 14 of 2013 dated 07-10-2017.

3.

In view of reasons mentioned in the application, there is no impediment to allow the application for condonation of delay caused in filing the first appeal. It would not cause any prejudice or injustice to the respondents. In contrast, it would sub-serve the purpose for substantial justice. Hence, the application deserves to be allowed. Accordingly, the application stands allowed in terms of prayer clause (B). The delay caused in filing first appeal against the impugned Judgment and Award is hereby condoned. The Registry to take requisite steps for further process. The civil application stands disposed of in above terms. 4.

On registration of appeal, issue notice to the respondent. 5.

Mr.P.K.Lakhotiya, learned counsel waives service of notice for respondent (original claimant).

6. Meanwhile, call for record and proceedings from the concerned Tribunal. After compliance of procedural formalities and receipt of record and proceedings, list the appeal for admission in due course. [ K. K. SONAWANE ] JUDGE rrd.