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Bombay High CourtMCA/728/2014allowed

Shri. Mannalal Ghure Bind v. M/S Infrastructure Logistic Pvt. Ltd. Represented Thr. Its Director Shri. Savlo Salgaonkar And 3 Or

2015-06-23Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 728 OF 2014 IN STAMP NUMBER MAIN NO. 2253 OF 2014 SHRI. MANNALAL GHURE BIND ... Applicant

Versus

M/S INFRASTRUCTURE LOGISTIC PVT.

LTD. REPRESENTED THR. ITS DIRECTOR SHRI. SAVLO SALGAONKAR AND 3 ORS ... Respondents Mr. Arunkumar V. Nigalye, Advocate for the applicant. Mr. Gourish B. Kamat, Advocate for the respondent No.1 and 2. Mr. S. R. Naik, Advocate for the respondent No.4. Coram:- C. V. BHADANG, J.

Date:- 23rd June, 2015 P.C.

This is an application for condonation of delay of 441 days in filing the first appeal, challenging the dismissal of the application for compensation by the Workmen's Compensation Commissioner. The applicant's son died in an accident, which according to the applicant arose out of and in the course of employment. The Workmen's Compensation Commissioner has held otherwise.

2. It is submitted that the applicant hails from Uttar Pradesh and was temporarily staying in Goa, when the accident took place. The matter before the Workmen's Compensation Commissioner was conducted by one Mr. Gaonkar on behalf of the applicant, who is a Union Leader. It is submitted that, in September 2012, the applicant

MCA/728/2014 had gone to his native place when he was told that the decision of the case would be intimated to him. However, Mr. Gaonkar informed him about the dismissal of the case only on 16 August 2014, when the applicant came to Goa to inquire about the progress of his case. It has resulted into the delay.

3. On hearing the learned counsel for the applicant and in view of the reasons as shown, the delay in filing the appeal is hereby condoned. Let the appeal be registered.

4. Misc. Civil Application is disposed of. C. V. BHADANG, J.

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