Muktabai Rangnath Ghodake v. Shahaji Shripatrao Sawant

2025:BHC-AUG:11386 1 935.CA.11722-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11722 OF 2024 IN FAST/12336/2004 MUKTABAI RANGNATH GHODAKE

VERSUS

SHAHAJI SHRIPATRAO SAWANT ...

Advocate for Applicant : Mr. V M Humbe Advocate for Respondent No.3 : Mr. M.M. Ambhore h/f Mr. Vinayak n. Upadhye ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 17th APRIL 2025 PER COURT :

.

This application is for condonation of delay of 206 days in preferring First Appeal, challenging judgment and award passed by the Tribunal. Applicant seeks to condone delay for the reasons stated in the Paragraph Nos. 2 and 3 of the application. 2.

Learned Counsel for the Applicant submits that delay is not intentional and his client is ready to forego interest for the delayed period.

3.

Respondent opposes the application and the submission of Counsel for the Applicant.

4.

I have no reason to doubt grounds mentioned in Paragraph

2 935.CA.11722-2024.doc Nos. 2 and 3 of the application for condoning the delay. I propose to adopt the pragmatic view in condoning the delay, however depriving the Applicant for the interest for the delayed period. In that view of the matter, I pass following order :

ORDER

(a) The Civil Application is allowed by condoning delay of 206 days on condition that Applicant shall not be entitled to interest for delayed period in case he succeeds in appeal. (b) Office is directed to register the First Appeal. SHAILESH P. BRAHME JUDGE NAJEEB..