Valubai Shamrao Jagtap And ORS v. Anil Bhakalya Valvi And ORS

2025:BHC-AUG:2654 (1) 908-ca-12405-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12405 OF 2024 IN FAST/30396/2024 VALUBAI SHAMRAO JAGTAP AND ORS

VERSUS

ANIL BHAKALYA VALVI AND ORS ...

Mr. Pramod C. Mayure, Advocate for Applicants. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 29th JANUARY, 2025.

P.C.:- 1.

Heard Mr. Mayure, learned Advocate appearing for the applicants.

2.

By this application, the applicants seek to condone the delay of 311 days caused in filing the Appeal against the judgment and award passed by the Tribunal.

3.

Although notice of application is served upon respondents, none appears for the respondents.

4.

The applicants state in paragraph nos.3 to 6 of the application that because of financial duress and economical crisis, they could not file Appeal within time. They contend that they received compensation amount in the month of August 2024 as per award passed by Reference Court and thereafter, took necessary steps for filing Appeal.

5.

Considering submissions advanced and stipulation in the application, sufficient cause is made out to condone the delay. Hence, following order:

(2) 908-ca-12405-2024.odt

ORDER

a.

Civil Application is allowed.

b.

Delay of 311 days caused in filing present Appeal is hereby condoned.

c.

Appeal be registered subject to removal of office objection. d.

On registration of Appeal, issue notice to respondents, returnable on 12.03.2025. Notice to indicate that Appeal may be heard finally at the stage of admission.

e.

Call for Record and Proceeding.

(S. G. CHAPALGAONKAR) JUDGE Devendra/January-2025