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Bombay High CourtCAF/765/2023delay condonatedrejected

Sau. Mirabai Santosh Banherkar v. Smt. Shalini Jitendra Kokate And Others

2023-07-17Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 19 caf 765-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.765/2023 I N FIRST APPEAL ST. NO.21655/2022 Sau Mirabai Santosh Banherkar Vs.

Smt. Shalini Jitendra Kokate and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.A. Mohta, Advocate for applicant Ms M.R. Kavimandan, Advocate for respondent Nos.1,4 & 5 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

17/07/ The application is filed for condonation of delay in filing First Appeal. It is submitted that the applicant is poor and illiterate lady and is not conversant with the procedure of law and about limitation. She resides in a rural area and claim was under Employees Compensation Act, 1923. There is delay of 95 days in filing the appeal.

2.

Though the application is opposed by the respondents. For the reasons stated in the application, I am inclined to allow the application. The application is allowed. The delay in filing First Appeal is hereby condoned.

3.

The Registry is directed to register the First Appeal.

4.

The application stands disposed of accordingly.

2 19 caf 765-2023 CIVIL APPLICATION (CAF) NO.766/2023 1.

Two weeks' time is granted to file reply.

2.

In the meanwhile, parties to maintain statusquo as on today. JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE