Rijwana Samad Shaikh And ORS v. Rafiq Madar Shaikh And ORS

52-CA-11246-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11246 OF 2018 IN FAST/25437/2018 RIJWANA SAMAD SHAIKH AND OTHERS

VERSUS

RAFIQ MADAR SHAIKH AND OTHERS ...

Advocate for Applicants : Mr. Santosh B. Gastgar ...

CORAM :

S. G. MEHARE, J.

DATE :

06-06-2022 PER COURT :- Heard learned counsel for the applicants.

2. None present for respondents no. 3 to 5. Respondents no. 1 and 2 have been served long back, but nobody appeared for them. Hence, the matter proceeds ex-parte against them. 3.

Learned counsel for the applicants submits there is no deliberate delay of 248 days caused in filing the appeal against the impugned Judgment and Award passed by learned Member, Motor Accident Claims Tribunal, Nilanga, District Latur, in MACP No. 18 of 2011. Hence, by taking a liberal view, the delay caused in filing the appeal may kindly be condoned.

52-CA-11246-18.odt 4.

For the reasons mentioned in the application, the same is allowed in terms of prayer clause 'B'.

5.

After registration of the appeal, issue notice to the respondents no. 1 and 3 only, returnable after four weeks. 6.

Call for record and proceedings.

( S. G. MEHARE ) JUDGE rrd