Abdul Razak Abdul Hameed And ANR v. Mohd Ashraf Mohd. Sharfuddin And ANR

1 929 ca 13565-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.13565 OF 2019 IN FAST/34238/2019 ABDUL RAZAK ABDUL HAMEED AND ANOTHER

VERSUS

MOHD ASHRAF MOHD. SHARFUDDIN AND ANOTHER ...

Advocate for Applicants : Mr. P. D. Dadpe Advocate for Respondent No.2 : Mr. Swapnil Dargad h/f Mr. S. G. Chapalgaonkar ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 29/07/2022.

P. C. :

1.

Heard. The applicants, who are the original claimants are seeking condonation of delay of 105 days in challenging the award dated 10/04/2019 in MACP No. 142 of 2015 in respect of fnding on contributory negligence.

2.

The learned counsel for the respondent No.2 strongly opposed the application, whereas the respondent No.1 despite service, remained absent.

3.

Considering the reasons mentioned in the application along with the statutory rights of the applicant, the application is hereby allowed and delay of 105 days as prayed is condoned. 4.

The appeal be placed for admission after removal of offce objections, if any.

5.

Civil application is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-