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Bombay High CourtCA/9179/2017delay condonatedrejected

Shyam Rameshwar Darak v. Vaijanath Vishwanath Ture And ORS

2021-09-01Hon'Ble Shri Justice V.K. Jadhav2 pages

9179.17CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO.9179 OF 2017 IN FIRST APPEAL [STAMP] NO.11852 OF 2017 SHYAM RAMESHWAR DARAK

VERSUS

VAIJANATH VISHWANATH TURE & OTHERS ...

Mr.S.S.Rathi, Advocate for the applicant.

Mr.Jeevan R. Patil, Advocate holding for Mr.A.G.Kanade, Advocate for respondent no.7.

...

CORAM : V. K. JADHAV, J.

DATED : 01.09.2021 PER COURT :

1] Heard learned counsel for the applicant and learned counsel for respondent no.7 - insurer. The applicant is the Contractor and the party respondent in the proceedings before the Commissioner for Employee's Compensation. 2] So far as penalty part is concerned, appeal is preferred by the applicant - Contractor to that extent only, which is delayed by 38 days.

3] Thus, considering the delay of 38 days which is satisfactorily explained, I am inclined to condone the delay. Hence, the following order is passed :

9179.17CA.odt

ORDER

Civil Application is allowed in terms of prayer clause-B. Accordingly, Civil application is disposed of. [V. K. JADHAV, J.] DDC