Sant Shiromani Maruti Maharaj Shet.Sah.Sakhar Karkhana Ltd.Thr Its Managing Director R.B.Barmade v. Bibhishan Tukaram Kate And ANR

38 CA-6451-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 38 CIVIL APPLICATION NO. 6450 OF 2023 IN FIRST APPEAL (ST) NO. 16058 OF 2023 SANT SHIROMANI MARUTI MAHARAJ SHET SAHAKARI SAKHAR KARKHANA LTD THROUGH ITS MANAGING DIRECTOR R.B. BARMADE

VERSUS

BIBHISHAN TUKARAM KATE AND ANOTHER ...

Mr. K.A. Kadam - Advocate for Applicant Mr. G.L. Kedar - Advocate for Respondent Nos.1 and 2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th August, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant - appellant is seeking condonation of delay of 1743 days, which appears to be caused since the appellant - factory was closed from year 2012 and subsequently started in the year 2021 - 2022.

3.

Learned Counsel for the respondents - claimants strongly opposed the application on the ground that, no reasonable cause is mentioned for condoning the delay. He Pooja K.

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38 CA-6451-2023 relied on the judgment of Hon'ble Apex Court in the case of Majji Sannemma @ Sanyasirao Vs. Reddy Sridevi and Ors., in Civil Appeal No. 7696 of 2021, wherein the delay condone order passed by the concerned High Court in respect of delay of 1011 days, has been set aside for want of proper explanation of delay. However, there are other judgments are also available wherein the Hon'ble Apex Court has taken liberal view for condoning the delay.

4.

In view of the same and considering the statutory right of the applicant, the delay of 1743 days stands condoned as the appellant - factory as already deposited amount of compensation with the concerned Court.

5.

The appeal be placed for admission after removal of office objections, if any.

6.

The civil application is accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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