Gulchand Jaysingh Kotwal v. Bajrang Gulchand Gomladu And ANR

49 ca.9220.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

49 CIVIL APPLICATION NO. 9220 OF 2016 IN FAST/17492/2016 GULCHAND JAYSINGH KOTWAL

VERSUS

BAJRANG GULCHAND GOMLADU AND ANOTHER ...

Advocate for Applicants : Mr. Pahune Patil Nandkishor J. Advocate for Respondent No.1 : Mr.S.P.Sonpawle. ...

CORAM :

V. K. JADHAV, J.

DATE :

10th April, 2017.

P.C.:

.

Heard the learned counsel for Applicant and the learned counsel for Respondent No.1 / owner.

None present for Respondent No.2 / Insurer though duly served.

The learned counsel for Applicant submits that the Applicant has incurred huge medical expenses due to the injuries sustained in the accident and leg was also amputed on account of the injuries sustained by him. The learned counsel submits that due to the financial constraint, the appeal could not be preferred within the period of limitation.

49 ca.9220.16.odt The learned counsel for Respondent / owner has strongly resisted the application on the ground that the delay has not been explained satisfactorily.

In view of the submissions made on behalf of the Applicant and for the reasons stated in the application, the delay of 144 days caused in filing the appeal is hereby condoned. Civil application is allowed and accordingly disposed of. In appeal, heard. Issue notice to the Respondents, returnable on 15th June, 2017. The learned counsel appearing for Respondent No.1 waives the service of notice. Record and proceedings be called for.

[ V. K. JADHAV, J. ] ndm