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Bombay High CourtCA/7226/2023delay condonatedrejected

Meena Bharat Bhalerao And ORS v. Shital Shantaram Chaudhari And Anar

2023-10-12Hon'Ble Shri Justice Arun R. Pedneker1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 988 CIVIL APPLICATION NO.7226 OF 2023 IN FAST/11976/2023 MEENA BHARAT BHALERAO AND ORS

VERSUS

SHITAL SHANTARAM CHAUDHARI AND ANAR ...

Advocate for Applicants : Mrs. Kirti Deshpande h/f. Mr. M.M. Bhokarikar Advocate for Respondent 1 : Mr. Amit Tanduilkar ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 12/10/2023 PER COURT :

1.

The first appeal is filed by the original claimants/appellants along with the application for condonation of delay of 84 days caused in filing the first appeal.

2.

The learned counsel for the applicants submits that this is the claim by the dependents of the deceased, they are very poor and having no source of sufficient income to arrange for legal expenses and they have to obtained certified copies of the judgment and for all the above reasons, the delay is caused in filing the appeal.

3.

For the reasons stated in the application, the delay of 84 days caused in filing the appeal is condoned. The application is allowed. 4.

Issue notice in first appeal, returnable on 7.12.2023. Mr. Amit Tandulkar, learned advocate waives service of notice for respondent No. 1, owner of the offending vehicle.

[ARUN R. PEDNEKER J.] ssc/