Ramkrushna S/O Mahadeorao Falke v. Ramkrushna S/O Mahadeorao Nandurkar

0302caf694.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.694 of 2015 And Civil Application (CAF) No.695 of 2015 In First Appeal Stamp No.2517 of 2015 (Ramkrushna s/o Mahadeorao Falke v. Ramkrushna s/o Mahadeorao Nandurkar) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri C.V. Jagdale, Advocate for Applicant/Appellant. Coram : R.K. Deshpande, J.

Date : 3 rd February, 2016 Civil Application (CAF) No.694 of 2015 :

This is an application for condonation of 189 days' delay caused in filing an appeal under Section 30 of the Workmen's Compensation Act.

Notice was issued to the respondent. The respondent is served. No one appears for the respondent. No reply is filed. After going through the averments made in the application, which remain uncontroverted, I am satisfied that a sufficient cause is made out for condonation of delay. Hence, the delay caused is condoned.

The civil application is disposed of.

0302caf694.15.odt First Appeal Stamp No.2517 of 2015 :

Issue notice to the respondent, returnable on 30-3-2016. Call for R & P.

The main ground of challenge is that without issuing notice to the respondent, the matter has been decided. The respondent is put on notice that the matter shall be finally disposed of on the returnable date.

Civil Application (CAF) No.695 of 2015 :

The learned counsel for the applicant/appellant submits that the entire amount has been deposited with the Commissioner under the Workmen's Compensation Act. The statement is accepted.

In view of this, the interim order passed by this Court shall continue to operate pending the decision of this appeal. The civil application is disposed of.

Judge.

Lanjewar