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Bombay High CourtCAF/904/2014

Shri. Dashrath Ramchandra Sugane v. Smt. Anita Dilip Daname And ORS.

2019-07-23Hon'Ble Shri Justice K.K. Tated2 pages

14- CAF 904 of 2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 904 OF 2014 IN FIRST APPEAL (ST) No. 20140 OF 2013 Dashrath Ramchandra Sugane ...Applicant Vs.

Smt. Anita Dilip Daname & Ors.

...Respondents

Mr.Sudhir Prabhu for Applicant Mr. Sandeep S. Koregave for Respondent Nos. 1 to 5.

CORAM:

K.K. TATED, J.

DATED:

JULY 23, 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

By this Civil Application, the Applicant is seeking condonation of 58 days' delay in filing the First Appeal, challenging the judgment and award dated 31st March, 2013 passed by the Motor Accident Claims Tribunal, Kolhapur in MACP No. 634 of 20009.

3.

Office note shows that the present civil application stands dismissed against Respondent No.6 as per conditional order dated 8th January, 2015 passed by the Learned Registrar (Judicial­ II).

Tikam 1/

14- CAF 904 of 2014.doc 4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the civil application, I am satisfied that the Applicant has made out a case for allowing this civil application.

5.

Hence, following order:

(a) Delay in filing the First Appeal is condoned (b) The Registry is directed to make appropriate noting in the cause title of the First Appeal that First Appeal stands dismissed against Respondent No.6­ Rajesh D. Narvekar.

(c) Civil Application stands disposed of accordingly.

(d) No order as to costs.

(K. K. TATED, J.) Tikam 2/