Approcop Engineering Private Limited Thr Its Manager, Jalna v. Vishambar Prabhakar Shinde

10411.18CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 CIVIL APPLICATION NO.10411 OF 2018 IN FIRST APPEAL ST.NO.20633 OF 2018 ...

APPROCOP ENGINEERING PRIVATE LIMITED

VERSUS

VISHAMBAR PRABHAKAR SHINDE ...

Shri S.S.Ladda, Advocates for the applicant Shri P.D.Suryawanshi, Advocate for the respondent ...

CORAM : P.R.BORA,J.

DATE : 03.10.2018 ORDER:

1.

Heard the learned counsel appearing for the parties.

2.

The delay of 107 days has occurred in filing the present First Appeal.

3.

The learned counsel appearing for the respondent i.e. original claimant has opposed for condoning the delay, and in the alternative, has prayed for cost.

4.

The reasons for occurrence of the delay are explained in para nos.2 to 6 of the application. I am convinced that the delay so

10411.18CA.odt caused in filing the present First Appeal is neither intentional nor deliberate. I am, therefore, inclined to allow the Application. Hence the following order:

ORDER

1.

The application is allowed. The delay caused in filing the present First Appeal is condoned.

2.

The First Appeal be registered in accordance with law. On registration of the First Appeal, issue notice to the respondent, returnable after two weeks.

Shri P.D.Suryawanshi, learned counsel waives service for sole respondent.

3.

List the First Appeal for further consideration after two weeks.

[P.R.BORA] JUDGE DDC