Subhash Rajdhar Patil And ORS v. Gautam Champalal Lunawat And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 464 OF 2017 IN FAST/35056/2016 SUBHASH RAJDHAR PATIL AND ORS

VERSUS

GAUTAM CHAMPALAL LUNAWAT AND ANR Mr. M. M. Bhokarikar, Advocate for the applicants (Through VC) Mr. A. S. Usmanpurkar, Advocate for respondent No.2.

CORAM

: R. M. JOSHI, J.

DATE : 25th JANUARY, 2024 P.C. :- 1.

This application is for condonation of delay of 504 days in preferring the appeal against the judgment and award dated 02/04/2015 passed in MACP No. 488/2009.

2.

It is the contention of the applicants that for want of knowledge of passing of the judgment impugned, the appeal could not be preferred in time.

3.

Learned counsel for the contesting respondent opposed the condonation of delay on the ground of in sufficient reason therefor. 4.

This appeal is arising out of death claim. In this case no malafides can be attributed to the applicants for not preferring the appeal in time. Hence, application is allowed in terms of prayer clause 'B'. Appeal be 913.ca464.17.odt

registered. If the appellant succeed in the appeal, they will not be entitled to seek any interest for the aforesaid period. (R. M. JOSHI, J.) ssp 913.ca464.17.odt