Bhausaheb Jayram Wakchaure v. Shobha Januji Pakhare And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 921 CIVIL APPLICATION NO.14477 OF 2019 IN FAST/26642/2018 BHAUSAHEB JAYRAM WAKCHAURE

VERSUS

SHOBHA JANUJI PAKHARE AND ANOTHER ...

Advocate for Applicant : Mr. Shaikh Joyeb I.

Advocate for Respondent No. 2 : Mr. Gatne Atul B. ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10.11.2022 PER COURT :

Heard rival submissions. The respondent No. 1, though served, remained absent. The applicant -claimant is seeking condonation of delay of 359 days in filing First Appeal for enhancement which appears to be caused due to lack of legal knowledge. However, this ground cannot be available for the applicant, as per the settled position. The learned counsel for the Insurance Company opposed the application on that count only. However in the interest of justice and considering the right of the applicant, the delay of 359 days stands condoned subject to condition that the applicant shall not claim any interest in the compensation awarded by the learned counsel in this appeal.

2.

The appeal be placed for admission after removal of office objections, if any and the copy of this order be placed with the appeal. 3.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE .....

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