Godawaribai Balaji Rengade And ANR v. Msrtc, Thr Its Div. Controller, Parbhani

( 1 ) ca7103.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.7103 OF 2017 IN FAST/14034/2017 GODAWARIBAI BALAJI RENGADE AND ANR

VERSUS

MSRTC, THR ITS DIV. CONTROLLER, PARBHANI Mr.S.M. Gunjal h/f. Mr. P.N. Kalani, Advocate for the applicants.

Mr.A.D. Wange, Advocate for sole respondent.

CORAM : S.M.GAVHANE,J.

DATED :

06.02.2020 P.C. :- .

The applicants-original claimants have filed this application to condone the delay of 161 days caused in filing appeal against judgment and award dated 25.07.2016 passed by the learned Chairman, MACT, Parbhani, in MACP No.573 of 2011.

2.

Learned counsel appearing for the applicants by referring to the grounds mentioned in paragraph Nos.2 to 5 of the application submitted that the appeal was required to be filed on or before 13.11.2016, but as the applicant No.1 - widow of deceased and applicant No. 2 son of the deceased who is taking education, were under deep sorrow and only after getting compensation amount they could arrange for court fees to file appeal, the

( 2 ) ca7103.17 delay has been caused which is unintentional. It is submitted that, therefore, delay may be condoned by allowing the application.

3.

Learned counsel appearing for the respondent though opposed to grant the application, there is no material to substantiate the objection.

4.

Considering the submissions made by learned counsel appearing for the applicants and grounds referred to above, particularly in paragraph Nos. 2 to 5 of the application, I am of the view that the applicants have shown sufficient cause to condone delay and as it is not deliberate, same needs to be condoned. Therefore, the delay is condoned and the application is allowed in terms of prayer clause (B).

5.

The appeal be registered and same be placed for admission on 02.03.2020.

[S.M.GAVHANE,J.] snk/2020/FEB20/ca7103.17