Lalchand Madhukar Gavhane v. Pravin Hari Attarade And Another

2025:BHC-AUG:26363 ( 1 ) 943 CA 10339 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 CIVIL APPLICATION NO. 10339 OF 2025 (DELAY) IN FAST/26074/2025 LALCHAND MADHUKAR GAVHANE

VERSUS

PRAVIN HARI ATTARADE AND ANOTHER ...

Mr. V. A. Patil h/f. Mr. S. B. Choudhari, Advocate for Applicant ...

CORAM

: AJIT B. KADETHANKAR, J.

DATE : 23.09.2025 PER COURT :- 1.

Feeling aggrieved by the judgment and award dated 09.05.2025, passed by the learned Civil Judge, Senior Division and Workmen Commissioner, Beed, in W.C.A.No.15 of 2022, the claimant has preferred this appeal seeking enhancement in the compensation. 2.

Mr. V. A. Patil h/f. Mr. S. B. Choudhari, learned counsel for the applicant submits that there is only a delay of 6 days caused in filing this appeal due to very weak financial condition of the claimant and due to lack of knowledge regarding appellate procedure. He further submits that delay is neither inordinate nor due to lethargy or negligence on the part of the applicant. He states that the reasons explaining the delay are fully narrated in the Civil Application. Considering that the delay is extremely short, the

( 2 ) 943 CA 10339 OF 2025 application may be allowed.

3.

In view of the above, I pass the following order :-

ORDER

a.

Civil Application is allowed.

b.

Delay of 06 days in filing the First Appeal is hereby condoned.

c.

Registry to register the First Appeal, subject to removal of office objections, if any, by the applicant within two weeks from today, failing to which the registration of the First Appeal stands canceled without further reference to the Court. FIRST APPEAL STAMP NO.26074 OF 2025 1.

Issue notice to the respondents, returnable on 04.11.2025. 2.

The matter be listed after service of notice is complete. In the meantime, applicant/appellant shall take recourse to the provisions enumerated in Chapter II of the Bombay High Court Appellate Side Rules, corresponding to the stage and requirement of matter. [AJIT B. KADETHANKAR, J.] PRW