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Bombay High CourtCAF/3185/2024allowed

Chetan S/O Pramod More (Minor, Through His Natural Guardian Father Pramod Bhikaji More) v. Rajesh Kumar Shyamrao Jadhav And Others

2025-10-07Hon'Ble Shri Justice M. W. Chandwani2 pages

1 922 caf3185.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO. 3185 OF 2024 IN FIRST APPEAL ST NO. 3156 OF 2024 CHETAN S/o PRAMOD JADHAV THRU. HIS NATURAL GUARDIAN FATHER PRAMOD

VERSUS

RAJESH KUMAR SHYAMRAO JADHAV AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Ms. Shreya Bhagat, Advocate for the applicant. Mr. Gunjan Kothari, Advocate for respondent no.3 CORAM : M. W. CHANDWANI, J.

DATE : OCTOBER 07, 2025.

1.

Heard.

2.

By this application, the applicant seeks condonation of delay of 732 days caused in filing the appeal. 3.

The contention is that the injured/applicant was 11 years old when he met with the accident in question. He suffered 80% permanent disability and therefore, he is unable to move. Due to the said reason and due to financial constraints, there was delay in filing the appeal. 4.

Though, the application is resisted by the nonapplicant no.3 on the ground that the applicant has already withdrawn the amount of award, there is no mala fide intention of the applicant in causing delay in filing the appeal. No prejudice will be caused to the non-applicant if the delay is condoned.

5.

Considering the reasons mentioned in the application and the submissions of the respective learned

2 922 caf3185.24.odt counsels, the delay caused in filing the appeal is condoned.

6.

It is made clear that the applicant/appellant shall not be entitled for interest on compensation or any other component, if enhanced, for the delayed period. 7.

The civil application is allowed and disposed of. 8.

The appeal be registered.

(M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 08/10/2025 12:21:40