Sindhu Khandu Chaudhari And ORS v. Ravi Kailas Keswani And ANR

1 36-CA-7811-17-D

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7811 OF 2017 IN FAST/11441/2017 SINDHU KHANDU CHAUDHARI AND ORS

VERSUS

RAVI KAILAS KESWANI AND ANR ...

Advocate for Applicants : Mr. Madhav M. Bhokarikar. Advocate for Respondent No.1 : Mr. D. B. Thoke. Advocate for Respondent No.2 : Mr.S.S.Wagh h/f. Mr.A.S.Deshpande. ...

CORAM : K.K. SONAWANE, J.

DATED : 25th JUNE, 2018.

Order :- 1.

Heard learned counsel for appearing parties.

2.

Perused the application. Present application is filed by the applicant for condonation of 143 days delay caused in presenting the appeal against impugned judgment and award passed by the learned Motor Accident Claims Tribunal, Jalgaon in MACP No. 74 of 2013. 3.

Learned counsel Mr. Thoke for respondent No. 1-original owner, and learned counsel Mr. Wagh for respondent No. 2 - Insurance Company raised objection and submits that there is inordinate delay caused in filing the appeal. The applicants- claimants did not explain the delay in proper manner. Therefore, so-called delay may not be condoned. 4.

In view of arguments advanced on behalf of both sides and reasons mentioned in the application, there is no impediment to condone the delay. 5.

In sequel, application is allowed in terms of prayer clause "B". The delay caused to present the appeal against the impugned Judgment and Award stands condoned. Registry to take requisite steps for further process.

6.

The civil application is allowed in aforesaid terms and stand

2 36-CA-7811-17-D disposed of.

7.

On registration of appeal, issue notice to the respondents. Learned counsel waive service of notice for respective respondents.

8. Meanwhile, call for record and proceedings .

9. List the appeal for admission in due course. [ K. K. SONAWANE ] JUDGE MTK.