The Divisional Controller M S R T C v. Badrinarayan Bhaniram Jaju (Died) Thr Lrs Nadanlal And ORS

954-CA-11492-2018 .odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO.11492 OF 2018 IN FA/75/2005 THE DIVISIONAL CONTROLLER M S R T C

VERSUS

BADRINARAYAN BHANIRAM JAJU (DIED) THR LRS NADANLAL AND ORS ...

Advocate for Applicant : Mr. Goyanka M.K.

AGP for Respondents : Mr. A.M. Phule Advocate for Respondent Nos. 1(A) to 1(F) : Mr. S.S. Dixit h/f Mr. V.J. Dixit ...

CORAM : P.R. BORA, J.

DATED : 16th JANUARY, 2019.

PER COURT:- .

This is an application for bringing on record the legal heirs of deceased respondent no.2 and since some delay has caused in filing the application, the same is also sought to be condoned. The delay caused is of 3875 days. The reasons for occurrence of delay are explained in Para-2 and 3 of the application.

2.

The contentions raised in Para-2 and 3 are seriously disputed by Shri Dixit who is appearing for some of the legal heirs of deceased respondent no.2. It is further brought to my notice that the appeal filed by the claimants seeking enhancement in the amount of compensation arising out of the

954-CA-11492-2018 .odt (2) same judgment and award is pending for consideration. In view of the fact that the present appeal was admitted and in view of the further fact that another appeal filed by the claimants is pending for consideration, I am inclined to allow the present application and to condone the delay.

3.

The delay caused in filing the present application is condoned. The civil application stands disposed of.

(P.R. BORA, J.) Mujaheed//