Savio Manuel Dcosta v. Edwin Fernandes And 2 ORS

12-MCA-136-22.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 136 OF 2022 IN STAMP NUMBER (MAIN) NO. 1734 OF 2020 (F) SAVIO MANUEL D'COSTA ... Applicant.

Versus

EDWIN FERNANDES AND ORS.

.... Respondents.

Mr Ivan Santimano, Advocate for the Applicant. Ms Yadika Mandrekar, Advocate for the Respondent No.3.

CORAM:

M. S. SONAK, J.

DATED :

2nd FEBRUARY 2023 P.C.:- 1.

The endorsement in the Farad on the aspect of service upon Respondent No.2, is slightly ambiguous. However, the original Bailiff's report dated 17/10/22 shows that Respondents No.1 and 2 were duly served.

2.

Ms Yadika Mandrekar appears for Respondent No.3. There is a delay of 5 months and 12 days in instituting the Appeal against the award made by the Tribunal. Though the contention is opposed by Ms Mandrekar, on perusal of the reasons set out in the Civil Application, a sufficient cause has been shown. 2nd February 2023

12-MCA-136-22.DOC 3.

In particular reference can be made to the averments in paragraphs 2 to 18. Most of the period covered by the delay, the COVID Pandemic was raging. The Applicant required some reasonable time to arrange for an Advocate to appear on his behalf.

4.

Accordingly, the delay is condoned. Civil Application is disposed of.

M. S. SONAK, J.

SANTOSH S MHAMAL MHAMAL Date: 2023.02.03 12:47:29 +05'30'

2nd February 2023