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Bombay High CourtCA/10159/2018disposed offdismissed for default

M.S.R.T.C., Thr Divisional Controller, Msrtc Jalgaon Div. Jalgaon v. Vandana Subhash Ikhankar And ORS

2018-08-10Hon'Ble Shri Justice V.L. Achliya2 pages

965-CA-10159-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 965 CIVIL APPLICATION NO. 10159 OF 2018 IN FAST/21599/2018 M.S.R.T.C., THR DIVISIONAL CONTROLLER, MSRTC JALGAON DIV. JALGAON

VERSUS

VANDANA SUBHASH IKHANKAR AND ORS ...

Advocate for Applicant : Mr. M.K. Goyanka Advocate for Respondents No.1 to 4. : Mr. Yogesh M. Patil ....

CORAM : V.L. ACHLIYA, J.

DATED : 10th AUGUST, 2018 PER COURT:- 1.

Issue notice to respondents. Mr. Yogesh Patil, learned counsel appears and submits that he has instructions to appear on behalf the respondents. He undertakes to file Vakalatnama within one week.

2.

The applicant - appellant has moved this application for condonation of 119days delay in filing the appeal against the impugned judgment and award passed by the Tribunal. 3.

Mr. Goyanka, learned counsel for the applicant - appellant submits that the delay caused in filing the appeal is not deliberate, but caused due to securing the necessary approval from the higher authorities and to arrange the funds for statutory deposit of Court fees.

965-CA-10159-2018 4.

Considering the submissions advanced in the light of the reasons assigned and the pleadings made in the application remained unchallenged, I am of the view that sufficient cause has been made out to condone the delay.

5.

Accordingly, the application is allowed in terms of prayer clause "B". Delay condoned. Appeal be registered. 6.

The civil application is disposed of in above terms. ( V.L. ACHLIYA ) JUDGE SPR