Rajubai Balu Jaybhaye And ORS v. Parkash Chandrakant Kharath And ORS
- 1 -
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 57 CIVIL APPLICATION NO. 7613 OF 2016 IN FAST/14850/2016 Rajubai Balu Jaybhaye & others ....Applicants
VERSUS
Parkash Chandrakant Kharath & others .....Respondents .....
Mr. S. R. Shirsat, Advocate for Applicants Mr. G. D. Jain, Advocate for respondent No. 2 Mr. A. S. Deshpande, Advocate for respondent No. 3. CORAM : R. M. JOSHI, J.
DATE : 12th FEBRUARY, 2024.
PER COURT :
1.
This application is for condonation of delay of 174 days in filing first appeal against judgment and award dated 21st July, 2015 passed in MACP No. 85/2012.
2.
It is the contention of applicants that owing to the poor financial condition, appeal could not be preferred in time. Only after making arrangement for payment of Court fees and professional fees etc. appeal is sought to be filed.
- 2 - 3.
Learned counsels for respondents No. 2 and 3 opposed the application on the ground that delay is not satisfactorily explained.
4.
There is obligation on the Court to decide just compensation in motor accident cases. There is nothing on record to indicate malafides in not preferring the appeal in time. In any case, nothing would have been gained by the applicants by not preferring the appeal in time. Hence, application is allowed in terms of prayer clause 'B'.
( R. M. JOSHI) Judge dyb
- 3 -
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD FIRST APPEAL ST NO. 14850 OF 2016 Rajubai Balu Jaybhaye & others ....Appellants
VERSUS
Parkash Chandrakant Kharath & others .....Respondents .....
Mr. S. R. Shirsat, Advocate for Appellants Mr. G. D. Jain, Advocate for respondent No. 2 Mr. A. S. Deshpande, Advocate for respondent No. 3. CORAM : R. M. JOSHI, J.
DATE : 12th FEBRUARY, 2024.
PER COURT :
1.
Appeal be registered.
2.
Learned counsel Mr. Jain waives service of notice on behalf of respondent No. 2. Learned counsel Mr. Deshpande waives service of notice on behalf of respondent No. 3. In view of the fact that respondent No. 1 is served by paper publication, no fresh notice to respondent No. 1.
( R. M. JOSHI) Judge dyb