Syed Noor S/O Syed Ali @ Noor Ali Syed v. M.S.R.T.C., Thr Divisional Controller, Parbhani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 935 CIVIL APPLICATION NO.14530 OF 2019 IN FAST/38293/2019 SYED NOOR S/O SYED ALI @ NOOR ALI SYED
VERSUS
M.S.R.T.C., THR DIVISIONAL CONTROLLER, PARBHANI ...
Mr.Swapnil Patil h/f Mr.P.C. Mayure, Advocate for the applicant.
Mr.A.D. Wange, Advocate for respondent.
...
CORAM: V.L. ACHLIYA,J.
DATE : 22.01.2020 ORAL ORDER:
Advocate Mr.A.D. Wange appears for respondent and undertakes to file Vakalatnama within one week.
2.
By consent, the application is taken up for hearing. Heard learned counsel for the applicant and respondent.
3.
The applicant-appellant has filed this application for condonation of 98 days delay in filing the appeal for the reasons set out in detail in the application.
4.
In brief, it is the contention of the learned counsel for the applicant that
the delay caused in filing appeal cannot be termed as deliberate and intentional and primarily caused for the reason that due to financial poor condition, the applicant could not arrange the money to pay the court fees and arrange to file appeal. After arranging the funds, the applicant has preferred this appeal.
5.
On the other hand learned counsel for the respondent opposed the application with contention that the reasons assigned cannot be accepted as sufficient cause to condone the delay. It is submitted that the reasons assigned are false and concocted.
6.
On due consideration of submissions advanced in the light to unchallenged and controverted pleadings made in the application, I am of the view that the delay deserves to be condoned. No prejudice would cause to the respondent if the delay is condondoned. On the contrary, if the delay is not condoned, there is every likelihood that the meritorious matter would be rejected for technical reason. I am therefore inclined to allow the application. Accordingly, the application is allowed in terms of prayer
clause "B". Delay condoned. Appeal be registered subject to removal of office objection, if any.
7.
Civil Application is disposed of in above terms.
[V.L. ACHLIYA] JUDGE SGA