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Bombay High CourtCA/4495/2017disposed offdismissed for default

M/S. Raviraj Printers Thr Its Manager Janardan Kisanrao Pawar v. Dilip Kashinath Kathar

2018-08-09Hon'Ble Shri Justice V.L. Achliya2 pages

CA 4495/17 in FAST 39121/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4495/2017 IN FAST NO.39121/2016 M/S RAVIRAJ PRINTERS THROUGH ITS MANAGER JANARDAN KISANRAO PAWAR.

VERSUS

DILIP KASHINATH KATHAR.

Shri Vishal Bakal, Advocate h/f Shri S.S. Vidwans, Advocate for applicant.

Shri S.N. Bhoiwar, Advocate h/f Shri S.R. Pande, Advocate for respondent.

.....

CORAM: V.L. ACHLIYA, J.

DATE: 09.08.2018 PER COURT :

1] The applicant has moved this application for condonation of 24 days delay in filing the appeal against impugned judgment and award passed by the Commissioner of Workmen's Compensation in W.C.Case No.21/2012. 2] Heard learned counsel for the applicant and the respondent.

3] In short, it is the contention of the learned counsel for the applicant that the delay caused is not deliberate, but caused due to reasons set out in the

CA 4495/17 in FAST 39121/16 - 2 - application in detail. It is submitted that due to noncommunication of the order by the learned counsel representing the applicant, the appeal could not be filed within time.

4] Considering the submissions advanced in the light of unchallenged pleadings, I am of the view that sufficient cause has been made out to condone the delay in filing the appeal.

5] Accordingly, the application is allowed and disposed of. Delay is condoned. Appeal be registered and placed for admission on 5.9.2018.

(V.L. ACHLIYA, J.) ndk/c98182.doc