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Bombay High CourtCA/12354/2017disposed offdismissed for default

The M.S.R.T.C Thr Div. Controller, Beed And ANR v. Radha Bandu Unhale And ORS

2017-10-03Hon'Ble Shri Justice K.L. Wadane2 pages

ca12354.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 12354 OF 2017 IN FAST/31531/2017 THE M.S.R.T.C THR DIV. CONTROLLER, BEED AND ANR

VERSUS

RADHA BANDU UNHALE AND ORS ...

Advocate for Applicants : Bagal Suraj R.

.....

CORAM : K.L.WADANE, J.

DATED : 3rd October, 2017 O R D E R :

Heard learned counsel appearing for the applicants.

This is an application for condonation of delay of 22 days caused in filing First Appeal. Learned counsel submits that the impugned order was delivered on 15.4.2017. Therefore, appeal ought to have been filed on or before 14.7.2017. However, the delay is caused on the following grounds.

(i) Some time was consumed for obtaining legal opinion.

(ii) Advocate applied for certified copies of the impugned judgment and award.

ca12354.17 (iii) Immediately after receipt of copies opinion of the concerned advocate was obtained.

(iv) Permission of head office is sought and after receipt of said permission, appeal is presented along with this application.

For the reasons stated in the application, I am satisfied that the delay has been properly explained. Therefore, it needs to be condoned and it is accordingly condoned.

Civil Application is disposed of.

In First Appeal, issue notice to the respondents, returnable on 12.12.2017.

(K.L.WADANE, J.) dbm