Ganpat Ramrao Shete v. Nagnath Balaji Mundhe And ANR

88ca12525.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 88 CIVIL APPLICATION NO. 12525 OF 2024 IN FAST/31025/2024 GANPAT RAMRAO SHETE

VERSUS

NAGNATH BALAJI MUNDHE AND ANR ...

Advocate for Applicant : Mr. Dhage Vaibhav B. Advocate for Respondent No. 1 : Mr.Shankar B. Kendre Advocate for Respondent No. 2 : Mr. Mandlik Pratap Pravin ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 13.03.2025 PER COURT :- 1.

Heard learned Advocates appearing for respective parties. 2.

Applicant seeks to condone delay of 716 days caused in filing appeal.

3.

Perused reasons as stated in the application. Applicant contends that because of financial difficulties he could not file appeal early, however, after receipt of compensation amount under impugned award, he could take steps to file present appeal. Apparently applicant is litigating for getting just compensation towards injuries suffered by him in motor vehicular accident. Although delay is not explained for each and every day, his explanation is plausible. In this background, by putting certain conditions delay can be condoned, hence following order :

ORDER

(i) Civil Application is allowed.

(ii) Delay of 716 days caused in filing appeal is condoned subject to condition that applicant pays cost of Rs. 3,000/- (Rs. Three Thousands only) to Bar Library, of this Court within a period of four weeks from today and file undertaking that he shall not claim interest for delayed period in case he succeeds in getting enhanced compensation.

(iii) Civil Application stands disposed off. ( S. G. CHAPALGAONKAR ) JUDGE mahajansb/