Dagadu Ramdas Bade And ANR v. Kushivarta Shivaji Anarase And ORS

1 921-CA-5467-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5467 OF 2018 IN FAST/10750/2018 DAGADU RAMDAS BADE AND ANR

VERSUS

KUSHIVARTA SHIVAJI ANARASE AND ORS ...

Advocate for Applicants : Mr. Tushar M. Tandale. Advocate for Respondents : Mr. Sushant B. Choudhari. ...

CORAM : K.K. SONAWANE, J.

DATED : 20th JUNE, 2018.

Order :- 1.

Heard learned counsel for applicant and respondents. Perused the application.

2.

The present application is moved for condonation of 157 days delay caused in filing first appeal against impugned Judgment and Award passed by learned Motor Accident, Claims Tribunal, Beed, in M.A.C.P. No. 334 of 2014 dated 02-08-2017.

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, application deserves to be allowed. Accordingly, application stands allowed in terms of prayer clause (A). 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 respondents. 5.

Mr. S. B. Choudhari, learned counsel waives service of notice for respondents.

6. Meanwhile, call for record and proceedings from the concerned Tribunal.

7.

After compliance of procedural formalities, list the appeal for final hearing at the stage of admission in due course. [ K. K. SONAWANE ] JUDGE rrd.