Kumar Shanu Meena Ranglal Meena v. Shakilabee Ayyubkha Pathan And ORS

2025:BHC-AUG:2659 (1) 10-ca-7213-2024-delay.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7213 OF 2024 IN FAST/16392/2024 KUMAR SHANU MEENA RANGLAL MEENA

VERSUS

SHAKILABEE AYYUBKHA PATHAN AND ORS ...

Mr. Swapni h/f Mr. Vikram Sahebrao Kadam, Advocate for Applicant.

Mr. R. V. Gore, Advocate for Respondent Nos.1 to 4. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 29th JANUARY, 2025.

P.C.:- 1.

By this application, the applicant seeks to condone the delay of 176 days caused in filing the Appeal.

2.

The applicant contends that applicant is in service of Indian Oil Corporation and as per his job profile of marketing various product, he required to frequently travel along districts in Marathwada and Nagpur region. Due to aforesaid reasons, he could not contact his Advocate and obtain necessary documents for filing Appeal and pass on instructions. Consequently, delay has been occasioned.

3.

The reasons as stated in the application are not controverted by the respondents.

4.

Although Mr. Gore, learned Advocate appearing for the respondents opposes to condone the delay, sufficient cause can be made out from the averments of the application. Resultantly application succeeds. Hence, following order:

ORDER

(2) 10-ca-7213-2024-delay.odt a.

Civil Application is allowed.

b.

Delay of 176 days caused in filing Appeal is hereby condoned. c.

Appeal be registered subject to removal of office objections. (S. G. CHAPALGAONKAR) JUDGE Devendra/January-2025