Annasaheb Rambhau Jadhav v. Manda Pandit Musal And Others

1 46 FA-5414-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5414 OF 2014 IN FAST/6335/2014 ANNASAHEB RAMBHAU JADHAV

VERSUS

MANDA PANDIT MUSAL AND OTHERS ...

Advocate for Applicant : Mt. A. T. Kanawade, Mr. V.S. Ghongade Patil. Advocate for Respondent No.7 : Mr. S. P. Katneshwarkar h/f. Mr. A. S. Usmanpurkar.

...

CORAM : K.K. SONAWANE, J.

DATED : 25TH SEPTEMBER, 2017.

Order :- Heard learned counsel for the applicant and the learned counsel for respondent No.7- Insurance Company. Despite service of notice, none appears for respondents No. 1 to 6. 2.

Perused the application. It appears that, there is delay of 271 days for filing First Appeal against the impugned Judgment and Award passed by the learned Tribunal. In view of reasons mentioned in the application, I do not find any impediment to condone the delay. It would not cause any injustice or prejudice to the respondents-original claimants. In contrast, it would sub-serve the purpose for substantial justice. Hence, application for condonation of delay stands allowed in terms of prayer clause 'B'. The delay caused for filing First Appeal is hereby condoned. Accordingly, civil application stands disposed of. Registry to take requisite steps for further process. 3.

On registration of appeal, issue notice to respondents No.1 to 6, returnable on 2nd November, 2017. Mr. A.S. Usmanpurkar, learned counsel waives service of notice for respondent No.7. [ K. K. SONAWANE ] JUDGE rrd.