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Bombay High CourtCAF/2142/2019delay condonatedrejected

Master Shiv @ Shivam S/O Subhash Partetee, Minor Thr. Natural Guardian Father, Subhash M. Partetee v. Narendrakumar S/O Ramrao Malviya And Others

2021-01-13Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

1 926 CAF 2142.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2142 OF 2019 IN FIRST APPEAL ST. NO. OF 2021 Master Shiv @ Shivam s/o Subhash Partetee ..VS..

Narendrakumar s/o Ramrao Malviya and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.R. Agrawal, Advocate for applicant.

Shri M.B. Joshi, Advocate for respondent no.3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 13/01/2021 1.

By this application, applicant has sought to condone the delay of 217 days in filing the Appeal against the judgment and award dated 09.11.2017 passed in M.A.C.P. No. 360 of 2013.

2.

Learned Counsel for respondent no. 3 has opposed the application on the ground that the applicant has not made out sufficient cause to condone the delay. 3.

Perused the records and considered the submissions advanced by learned Counsel for the applicant. The applicant is a minor who has sustained permanent disablement due to injuries in an accident. The application is filed by his father as a natural guardian, who had also met with an accident and suffered permanent disablement.

4.

Considering the above facts and reasons

2 926 CAF 2142.2019 stated in the application, which in my considered view, constitute sufficient grounds, the application is allowed and delay is condoned. Appeal be registered.

5.

Learned Counsel Shri M.B. Joshi, waives notice on behalf of respondent no. 3.

6.

Appeal be listed for admission after three weeks.

JUDGE Trupti