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Bombay High CourtCA/6585/2018disposed offdismissed for default

Ramesh Baliram Lahore v. M/S Bombay Gujrat Roadways, Prop. Mohd. Mustaq Ahmed And ANR

2019-09-06Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

981.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 981 CIVIL APPLICATION NO.6585 OF 2018 IN FAST/9204/2018 RAMESH BALIRAM LAHORE

VERSUS

M/S BOMBAY GUJRAT ROADWAYS, PROP. MOHD. MUSTAQ AHMED AND ANR ...

Advocate for Applicant : Mr. N.N. Bhagwat h/f Mr. Shinde Chandrakant K. Advocate for Respondent No.2 : Mr. S.B. Darwande h/f Mr. S.G. Chapalgaonkar ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 06th SEPTEMBER, 2019.

ORDER :

.

Present application has been filed by the original claimant for getting the delay of 71 days condoned in filing first appeal. He intends to challenge the judgment and award passed by the learned tribunal for enhancement. It has been contended that the applicant has received serious injuries and he cannot move freely. Due to the financial crisis, he could not make arrangements for filing of the appeal and therefore, he has sought condonation of said 71 days delay.

2.

Taking into consideration the fact that even as per the impugned judgment, the applicant has suffered 40% of permanent physical

981.doc disability, he is coming from rural area, the delay deserves to be condoned by taking sympathetic as well as liberal approach. Hence, delay stands condoned.

3.

Civil Application stands allowed and disposed of accordingly. 4.

Registry to verify and register the first appeal and place it for further consideration on 09.10.2019.

(SMT. VIBHA KANKANWADI, J.) SCM