Amrutrao Narayanrao Shinde v. Sayed Ismail Sayed Hanif And Another

1 CA 5328 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 CIVIL APPLICATION NO. 5328 OF 2015 IN FAST/5838/2015 AMRUTRAO NARAYANRAO SHINDE

VERSUS

SAYED ISMAIL SAYED HANIF AND ANOTHER -------- Shri. A.G. Talhar, Advocate, for the applicant. Shri. Rahul Totla, Advocate, holding for Shri. R.F. Totla, Advocate, for the respondent No.2.

---------- CORAM: T.V. NALAWADE, J.

DATE : 13th JANUARY 2016 ORDER:

1) The application is filed for condonation of delay of 171 days caused in filing appeal against the judgment and award of claim petition which was pending in the Court of the Chairman, Accident Claims Tribunal. Heard both the sides.

2) The original claimant wants to file appeal to challenge the judgment on the ground that the quantum is inadequate. In view of the contentions made in the

2 CA 5328 of 2015 application and the submissions made this Court holds that sufficient cause is made out.

3) In the result, the application is allowed. Delay is condoned. Notice in appeal. It is waived by learned counsel holding for respondent No.2. Notice to respondent No.1 made returnable on 23rd February 2016. Call record and proceeding.

Sd/- (T.V. NALAWADE, J. ) rsl