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Bombay High CourtCA/11555/2018disposed offdismissed for default

Arun Phalaji Barde v. Hussainbhai Abrahambhai Sherasiya And ORS

2019-09-20Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1024-ca-11555-18 (delay).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1024 CIVIL APPLICATION NO.11555 OF 2018 IN FAST/23459/2018 ARUN PHALAJI BARDE

VERSUS

HUSSAINBHAI ABRAHAMBHAI SHERASIYA AND ORS ...

Advocate for Applicant : Mr. Syed G R Advocate for Respondent No.2 : Mr. S.V. Chillarge h/f Mr. A.G. Kanade ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 20th SEPTEMBER, 2019.

ORDER :

.

Present application has been filed by the original claimant for getting the delay of 233 days condoned in filing first appeal. 2.

The original claimants intend to file appeal for enhancement in compensation. Respondent No.1 and 3 though served, remained absent. 3.

Learned Advocate Mr. S.V. Chillarge holding for learned Advocate Mr. A.G. Kanade appearing for respondent No.2 submits that Mr. Kanade has filed leave note.

4.

Taking into consideration the reasons mentioned in the application, so also the fact that the applicant is injured, who is stated to

1024-ca-11555-18 (delay).doc have suffered permanent disability, therefore, leniency is shown, delay stands condoned.

5.

Civil Application stands allowed and disposed of accordingly. 6.

Registry to verify and register the first appeal and place it for further consideration on 27.11.2019.

(SMT. VIBHA KANKANWADI, J.) SCM