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Bombay High CourtIA/13183/2024allowed

Ex Servicemen Welfare Association Thr. President v. The Regional Director, Employees State Insurance Corporation Pune And ANR.

2025-02-13Hon'Ble Justice Sharmila U. Deshmukh2 pages

83 Ia-13183-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13183 OF 2024.

IN FIRST APPEAL (St.) NO. 14245 OF 2024.

Ex Servicemen Welfare Association ...Applicant.

Versus

The Regional Director, Employees State Insurance Corporation and Another

...Respondents.

------ Ms. Pavitra Mahesh for Applicant.

Ms. Naveena Kumar for Respondents.

------ Coram : Sharmila U. Deshmukh, J.

Date : 13th February, 2025.

P. C. :

1.

Interim Application has been preferred seeking condonation of delay of 64 days caused in preferring the First Appeal. 2.

Learned counsel appearing for Applicant submits that after receiving certified copy of the order, the legal opinion was sought and as the Appeal had to be filed in Mumbai, the Appellants had to approach the Advocate of Mumbai and as such, there is delay of 64 days.

3.

Learned counsel for Respondent submits that there is no sufficient explanation for delay, and delay ought not to be condoned. Sairaj 1 of

83 Ia-13183-2024.doc 4.

The Application specifically pleads that after obtaining certified copy of the order, legal opinion was sought. As the Appellants are from Kolhapur, it was necessary for appointing an Advocate from Mumbai for filing an Appeal and therefore, delay of 64 days has been sufficiently explained.

5.

Resultantly, Interim Application is allowed and delay of 64 days stands condoned.

[Sharmila U. Deshmukh, J.] Sairaj 2 of