Manoj Goroba Mane v. Nabisab Babukhan Pathan And Another

926-CA-8048-2014 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 8048 OF 2014 IN FAST/17565/2014 MANOJ GOROBA MANE

VERSUS

NABISAB BABUKHAN PATHAN AND ANOTHER ....

Mr.F.K. Patel h/f Mr. R.P. Adgaonkar, Advocate for Applicant/Appellant.

Mr. Swapnil Dargad h/f Mr. S.G. Chapalgaonkar, Advocate for Respondent No. 2.

....

CORAM : K.K. SONAWANE, J.

DATE : 26th September, 2017 ORDER:

1.

Heard the learned counsel for the Appellant.

Perused the application.

2.

There is a delay of 79 days for filing First Appeal against the impugned Judgment and Award passed by the learned Tribunal. Therefore, applicant has filed present application to condone the delay. According to the learned counsel for the Applicant, the delay caused in filing the appeal against the impugned judgment and award is not intentional or deliberate, but it is caused due to the unavoidable circumstances. In such circumstances, he prayed to condone the delay.

926-CA-8048-2014 (2) 3.

Considering the argument advanced on behalf of applicant/appellant, and the reason mentioned in the application, I do not find any impediment to condone the delay caused in filing first appeal in the interest of justice. The applicant is intending to file an appeal for enhancement of compensation. Hence, the application stand allowed in terms of prayer clause 'B'. Delay caused in filing appeal against the impugned judgment and award is hereby condoned. Registry to take requisite steps for registration of appeal and list the matter for further process.

4.

In view of above, civil application is allowed and stand disposed of.

(K.K. SONAWANE, J.) Sam..