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Bombay High CourtCA/2216/2017disposed offdismissed for default

Motiram Rupla Jadhav And ANR v. Anjanabai Ramesh Jadhav And ORS

2019-07-26Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1018-ca-2216-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1018 CIVIL APPLICATION NO.2216 OF 2017 IN FAST/32478/2016 MOTIRAM RUPLA JADHAV AND ANR

VERSUS

ANJANABAI RAMESH JADHAV AND ORS ...

Advocate for Applicants : Mr. Adgaonkar Ravibhushan P Advocate for Respondent Nos.1 to 3 : Mr. Hamzakhan I. Pathan Advocate for Respondent Nos.5 : Mr. V.R. Mundada ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 26th JULY 2019 ORDER :

.

Present applicants are the original respondent No.3 as well as petitioner No.4 who want to challenge the judgment and order passed by the learned Commissioner for Employees Compensation Act and Judge Labour Court, Nanded. However there is delay of 113 days. 2.

Heard all the parties concerned. Learned Advocate for respondent No.5 strongly opposing the application on the ground that the said delay is huge and not explained properly. Learned Advocate for respondent Nos.1 to 3 are also opposing the application, though they are the original petitioners.

1018-ca-2216-17.doc 3.

However, taking into consideration the fact that both the applicants are senior citizens, illiterate and coming from rural area, the delay stands condoned.

4.

Civil Application stands allowed and disposed of accordingly.

5.

It is clarified that the applicants will not be entitled to get interest of 113 days in case of success in their appeal. 6.

Registry to verify and register the first appeal and place it for further consideration on 18.09.2019.

( Smt. Vibha Kankanwadi, J. ) Shubham/