Smt. Arati Mahesh Mhetre And ORS. v. Shri. Sandeep Appaso Danole And ORS.

47 caf2892-15.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO.2892 OF 2015 IN FIRST APPEAL (ST). NO.34555 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.S.G.Thorat for the applicant Mr.Jaitali Mathura i/b Ms.Varsha Chavan for the respondent no.3 CORAM : K. K. TATED, J.

DATED : 12/02/2016 P.C.:

.

Heard the learned counsel for the applicant and respondent no.3 Though other respondents are duly served, no one appeared on behalf of them when the matter was called out.

This application is preferred by claimant for condonation of 180 days delay in filing the first appeal challenging the judgment and award dated 31.1.2014 passed by MACT, at Jaysingpur in MACP No.44 of 2012.

The learned counsel for the respondent no.3 submits that applicant has not shown sufficient cause for condonation of delay. Hence, there is no Mohite 1/2

47 caf2892-15.doc question of allowing the present Civil Application. Considering the submissions made by the learned counsel for the applicant and the reasons disclosed in Civil Application, I am satisfied that the applicant has made out a case for allowing the Civil Application.

Though respondent no.3 was duly served by Civil Application but there is no affidavit in reply filed by them to oppose the present Civil Application. Orally advocate for respondent no.3 opposed the present Civil Application. Hence, following order is passed:

(A) Civil application is allowed in terms of prayer clause (a) which reads thus:

"(a) be pleased to condone a delay of 180 days for filing the present Appeal and allow the Applicants­Appellants to entertain the present Appeal before this Hon'ble Court."

(B) Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2