Sumitradevi Sudesh Kumar Saklecha v. Sunil Kishanlal Jaiswal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO.14724 OF 2018 IN SAST/24577/2018 SUMITRADEVI SUDESH KUMAR SAKLECHA

VERSUS

SUNIL KISHANLAL JAISWAL ...

Mr. S.B. Deshpande, Advocate for the applicant Mr. Mobin H. Shaikh, Advocate h/f Mr. V.R. Dhorde, Advocate for the sole respondent ...

CORAM :

SMT. VIBHA KANKANWADI, J.

DATE :

01st APRIL, 2019.

PER COURT :

Present application has been filed for getting delay of 46 days condoned for filing Second Appeal. It is stated that after the decision of appeal it took some time for collecting documents and then instruct the Advocate for filing Second Appeal. In the meanwhile, she was also required to make arrangements for Court fees and other charges and therefore, the delay has been caused, which is not intentional. The learned Advocate Mr. Mobin H. Shaikh holding for Advocate Mr. V.R. Dhorde has raised strong objection stating that the reason that has

CA_14724_2018 been given by the applicant is not reasonable and sufficient. Each and every days delay has not been explained.

Taking into consideration the fact that the appellant is a lady, doing household work and the fact that she had collected the documents and was required to make arrangement for the Court fees and the other charges. The delay is of 46 days. It cannot be termed as huge and inordinate. Therefore, taking liberal approach the application deserves to be allowed. Hence, following order.

ORDER

The application is allowed.

The delay of 46 days in filing Second Appeal is hereby condoned.

Registry to verify and register the Second Appeal and place it for consideration on 02.05.2019.

The application is disposed of.

( Smt. Vibha Kankanwadi, J. ) agd