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Bombay High CourtCA/5782/2021delay condonatedrejected

Shaikh Nasir Shaikh Bashir v. Devidas Namdeo Katile And Others

2021-08-31Hon'Ble Shri Justice R. G. Avachat1 pages

930-CA-5782-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5782 OF 2021 IN FIRST APPEAL (ST) NO. 16105 OF 2021 Shaikh Nasir Shaikh Bashir ..APPLICANT

VERSUS

Devidas Namdeo Katile and Others ..RESPONDENTS ....

Mr. S.P. Joshi, Advocate for applicant Mr. B.A. Shinde, Advocate for respondent nos. 1 and 2 ....

CORAM : R.G. AVACHAT, J.

DATED : 31st AUGUST, 2021 PER COURT :

1.

Respondent Nos. 3 and 4 have not appeared inspite of service of notice. Learned counsel for Respondent Nos. 1 and 2 objects for condonation of delay.

2.

The delay is of 94 days in filing the first appeal. The claim of the applicant for compensation under the Motor Vehicle Act has been dismissed. 3.

For the reasons given in the application, same is allowed in terms of prayer clause (B).

( R.G. AVACHAT, J. ) SSD 1 / 1