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Bombay High CourtCA/17140/2022admittedallowedgrantedrule absolute

Pushpalata Gautam Bhalerao v. Sayyed Khalil Sayyed Vali And ANR

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

2024:BHC-AUG:3339 {1} 962 sr,no...odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CIVIL APPLICATION NO. 17140 OF 2022 IN FAST/32418/2022 Pushpalata Gautam Bhalerao ....Applicant

VERSUS

Sayyed Khalil Sayyed Vali And Anr .....Respondent .....

Advocate for Applicant : Mr. Jay Veer h/f. Mr.Deshmukh Devang R. .....

CORAM : S.G. CHAPALGAONKAR, J.

DATE : 13TH FEBRUARY, 2024.

ORDER :- Leave to correct prayer clause (B).

By this application, the applicant seeks to condone the delay of 67 days caused in filing the first appeal against the judgment and award dated 28.6.2022 passed by Motor Accidents Claim Tribunal, Gangakhed in MACP No. 28 of 2019.

Inspite of due service, none appears for the respondents. 2.

Having considered the reasons as stated in para. Nos. 2 to 4 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} 962 sr,no...odt

O R D E R

[I] Civil application is allowed.

[ii] Delay of 67 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] Call for R. & P.

[S.G. CHAPALGAONKAR] JUDGE grt/-