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Bombay High CourtCA/16673/2022admittedallowedgrantedrule absolute

Chhayabai Shantaram Baviskar (Shimpi) And ORS v. Dilip Raghunath Shirude And Another

2024-02-13Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:3342 {1} 961 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 961 CIVIL APPLICATION NO. 16673 OF 2022 IN FAST/30929/2022 Chhayabai Shantaram Baviskar (shimpi) And Ors ....Applicant

VERSUS

Dilip Raghunath Shirude And Another .....Respondent .....

Advocate for Applicant : Mr. Bora Satyajit S. Advocate for Respondent No.2 : Mr. Ambhore M.M. CORAM : S.G. CHAPALGAONKAR, J.

DATE : 13TH FEBRUARY, 2024.

ORDER :- By this application, the applicant seeks to condone the delay of 65 days caused in filing the first appeal against the judgment and award dated 24.5.2022 passed by Motor Accidents Claim Tribunal, Jalgaon in MACP No. 331 of 2019.

Mr. M.M. Ambhore, Advocate appears for respondent No.2. 2.

Having considered the reasons as stated in para. Nos. 4 to 7 of the application, it can be gathered that there are sufficient grounds to condone the delay. Resultantly, the application deserves to be allowed. Hence, the order :-

{2} 961 sr.no..odt

O R D E R

[I] Civil application is allowed.

[ii] Delay of 65 days caused in filing the appeal is condoned [iii] Appeal be registered.

[iv] On registration of appeal, issue notice to respondents returnable on 26th March, 2024.

[v] Mr. M.M. Ambhore, Advocate waives notice for respondent No.2.

[v] Call for R. & P.

[S.G. CHAPALGAONKAR] JUDGE grt/-