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Bombay High CourtCA/1458/2013disposed offdismissed for default

Saghameshwar Babuappa Hyderabade And ANR v. Sunil Madhavrao Mahajan And ANR

2017-12-06Hon'Ble Shri Justice K. K. Sonawane1 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 5 CIVIL APPLICATION NO. 1458 OF 2013 IN FAST/32311/2012 SAGHAMESHWAR BABUAPPA HYDERABADE AND ANR

VERSUS

SUNIL MADHAVRAO MAHAJAN AND ANR ...

Advocate for Applicants : Mr. Ravibhushan P Adgaonkar Adv. for respondent No.1 & 2 : Mr. A.G. Kanade. CORAM : K.K. SONAWANE, J.

DATE : 6th December, 2017.

PER COURT:

1] Heard learned counsel for the applicant.

2] Perused the application. This is an application for condonation of delay. There is a delay of 1097 days for filing the first appeal against the impugned judgment and award passed by the Tribunal, in MACP No. 276 of 2007.

3] For the reasons stated in the application, there is no impediment to grant one more opportunity to the applicant for substantial justice by condoning the delay. Hence, the application stands allowed in terms of prayer clause (B). Delay caused for filing First Appeal is hereby condoned. Registry to take requisite steps for further process. On registration of appeal, issue notice to respondents returnable on 16.1.2018. Shri A.G. Kanade, Advocate waives notice for respondent Nos. 1 and 2. Meanwhile, Call for R.& P from the concerned Tribunal. Civil application stands disposed of accordingly.

[K.K. SONAWANE] JUDGE.

grt/-