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Bombay High CourtCA/2028/2022admittedallowedgrantedrule absolute

Dattataraya Shivram Patil v. Dayanand Dattataraya Patil And ANR

2024-02-13Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

{1} 944 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO. 2028 OF 2022 IN FAST/14984/2021 Dattataraya Shivram Patil ....Applicant

VERSUS

Dayanand Dattataraya Patil And Anr .....Respondent .....

Advocate for Applicant : Mr. S.P. Salgar, h/f. Mr. Niteen Gaware. AGP for Respondents: Mr.

Advocate for Respondents : Mr. Patankar Himanshu A For R/2 CORAM : S.G. CHAPALGAONKAR, J.

DATE : 13TH FEBRUARY, 2024.

ORDER :- By this application, the applicant seeks to condone the delay of 198 days caused in filing the first appeal against the judgment and award dated 6.5.2019 passed by Motor Accidents Claim Tribunal, Ahmednagar in MACP No. 57 of 2016.

2.

Having considered the reasons as stated in para. Nos. 2 to 6 of the application, it can be gathered that there are sufficient grounds to condone the delay. Resultantly, the application deserves to be allowed. Hence, the order :-

{2} 944 sr.no..odt

O R D E R

[I] Civil application is allowed.

[ii] Delay of 198 days caused in filing the appeal is condoned [iii] Appeal be registered.

[v] On registration of appeal, issue notice to respondents returnable on 26th March, 2024.

[vi] Mr. Patankar, Adv. Waives notice for respondent No.2. [S.G. CHAPALGAONKAR] JUDGE grt/-