Vikas Jalindar Yedake v. Mahaveer Fleet Operators Pvt Ltd., And ANR

(1) ca9684.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 CIVIL APPLICATION NO.9684 OF 2018 IN FAST/19277/2018 VIKAS JALINDAR YEDAKE

VERSUS

MAHAVEER FLEET OPERATORS PVT LTD., AND ANR Mr. Sushant B. Choudhari, Advocate for the applicant Mr. S. N. Rodge, Advocate for respondent No. 1 Mr. A. S. Usmanpurkar, Advocate for respondent No.2 CORAM :

V. L. ACHLIYA, J.

DATE :

01-02-2021 P. C.

.

The applicant has moved this application seeking condonation of 18 days delay in filing of appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for the applicant and learned counsel for respondents.

3.

In brief, it is the contention of the learned counsel for the applicant that delay in filing of appeal was not intentional and deliberate. It is submitted that the appellant has good case to succeed in appeal. In case, delay is not condoned serious prejudice may cause to the appellant.

(2) ca9684.18 4.

On due consideration of the submissions advanced in the light of unchallenged and uncontroverted pleadings made in the application assigning cause for condonation of delay, I am of the view that delay deserves to be condoned. In case, delay is not condoned, there is every likelihood that a meritorious matter may be rejected for technical reasons. Hence, the application is allowed in terms of prayer clause-B.

5.

Appeal be registered.

6.

The application is disposed of in above terms. [ V. L. ACHLIYA, J. ] VishalK/ca9684.18