The Secretary, Seva Sahakari Society,Kuntoor And Another v. Parvatibai Kondiba Puthewad And Others

1 ca 2952.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2952 OF 2016 IN FIRST APPEAL STAMP NO. 20555 OF 2015 The Secretary, Seva Sahkari Society, Kuntoor and another .. Applicants

Versus

Parvatibai Kondiba Puthewad and others .. Respondents Shri S. B. Bhapkar, Advocate for the Applicants. Shri Shivaji T. Shelke, Advocate for the Respondent No. 5. CORAM :

S. G. CHAPALGAONKAR, J.

DATE :

07TH JUNE, 2023.

FINAL ORDER :

.

This civil application is filed seeking condonation of delay of 259 days caused in filing the appeal against judgment and order dated 31.07.2014 passed by the Commissioner for Workmen Compensation/Judge Labour Court, Nanded in E.C.F.A. No. 15 of 2009.

2.

Mr. Bhapkar, learned advocate appearing for the applicants relying upon contentions raised in para No. 3 of the application submits that the delay caused in filing the appeal is not intentional and sufficient cause is made out for condonation of delay.

2 ca 2952.16 3.

Learned advocate appearing for the respondent No. 5 opposes the application.

4.

Having considered submissions advanced and the reasons as stated in para No. 3 of the application the delay deserves to be condoned, however, subject to payment of cost. 5.

The civil application is allowed. The delay of 259 days caused in filing the appeal is condoned subject to payment of cost of Rs. 3,000/- (Rs. Three thousands only) within a period of six

(06) weeks from the date of this order. Cost to be deposited in this Court.

6.

Upon deposit of cost, the respondent Nos. 1 to 4 are entitled to withdraw the same. Appeal be registered. The civil application is disposed of.

[ S. G. CHAPALGAONKAR, J.] bsb/June23