Yadav Pandurang Kumre v. Vidhya Bhushan Bhoyar And Others

(1) 34.caf.534.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 534 OF 2023 IN FIRST APPEAL STAMP NO.1614 OF 2023 Yadav Pandurang Kumre Vs.

Vidhya Bhushan Bhoyar and another ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Premchandra Dahake, Advocate h/f Mr. S. D. Mohod, Advocate for appellant. Mrs. U. A. Bhattad, Advocate for respondent Nos.1 and 2. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 19/04/2023 The present application is for condonation of delay on the ground that the present appellant was not served with the notice and the ex parte order was passed against him. In fact, no notice was served upon him. It is further contended that after passing of the award, he contacted the Counsel who filed writ petition. The said writ petition came up for the hearing on 02.01.2023 and same was withdrawn. Thereafter the present application is filed, therefore, delay of 322 days is caused. Delay is for the sufficient and satisfactory reason. Hence, delay be condoned.

The said application is strongly opposed by the learned Advocate Mrs. Bhattad, for the respondent Nos.1 and 2 on the ground that delay is not properly explained.

(2) 34.caf.534.2023 Heard both the sides. Perused the application and the record. It seems that, the service of the notice on the appellant was not appropriate service and, therefore, appellant could not contest the claim petition and, therefore, award is passed ex parte. In view of the reasons mentioned in the application, to do the substantial justice, delay of 322 days deserves to be condoned.

In view of that, delay of 322 days is condoned.

Civil Application is disposed of.

Appeal be registered.

FIRST APPEAL STAMP NO.1614 OF 2023 Heard.

Admit.

Learned Advocate Mrs. Bhattad, waives notice for respondent Nos.1 and 2.

Call for record and proceedings.

Appellant to file paper book within eight weeks, after receipt of the record and proceedings. Stand over after Summer Vacation.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 17:21