Smt. Radhabai Wd/O Pandurang Giradkar v. Nanda W/O Pundlik Bhatkar And Others
14 cas 570-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO. 570/2021 IN SECOND APPEAL STAMP NO. 3708/2021 Smt. Radhabai Wd/o Pandurang Giradkar Vs.
Nanda W/o Pundlik Bhatkar and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri P.R. Puri, Advocate for appellant Shri S.S. Ghate, Advocate for respondent No.1 CORAM : SMT. M.S. JAWALKAR, J.
DATE : 06/09/2023 Present application is filed for condonation of delay in filing second appeal. There is delay of 351 days in preferring second appeal. The date of judgment appears to be 12/12/2019. The period of ninety days expired on 12/03/2020. In view of the direction by the Hon'ble Apex Court's order, in such cases where the limitations would have expired during the period between 15/03/2020 till 20/02/2022, notwithstanding the actual balance period of limitation remaining, the delay has to be condoned. Here the period of limitation expired on 12/03/2020. However, though application is opposed, considering the Covid period, it would be in the interest of justice to condone the delay in filing second appeal.
Jayashree..
14 cas 570-2021.odt 2.
Accordingly, application is allowed.
3.
Delay in filing second appeal is hereby condoned, subject to costs of Rs.1000/-, payable to Vidarbha Labour Law Association, within a period of three weeks. 4.
Application is allowed.
5.
Registry is directed to register second appeal on payment of costs as referred above.
(SMT. M.S. JAWALKAR, J.) Jayashree..