Thakur Electrical And Engineering Pvt Ltd.,And ANR. v. Shantabai Ankush Pawar And ORS.

41 Ia-13679-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13679 OF 2024 IN FIRST APPEAL [St.] NO. 20480 OF 2024 Thakur Electrical and Engineering Pvt. Ltd and Another.

...Appellants.

Versus

Shantabai Ankush Pawar and Others.

...Respondents.

------ Mr. Sumit Kothari i/b pradeep Salgar for the Appellant. Mr. Sachin B. Bhavsar i/b Harishchandra Kamble for Respondent No. 1 and 2. Ms. A. R. Baxi for the Respondent No. 4 and 6. ------ Coram : Sharmila U. Deshmukh, J.

Date : April 29, 2025.

P. C. :

1.

Interim Application has been preferred seeking condonation of delay of 166 days caused in preferring Appeal. 2.

Learned Counsel appearing for the Appellant submits that impugned judgment was passed on 11th September 2024 directing compensation to be paid. He submits that Advocate of the Appellant had not informed the Appellant about the passing of impugned judgment and hence they were totally unaware of the same. He submits that they acquired knowledge of the impugned judgment on 21st March 2024 when the Respondent No. 6 demanded the amount of Patil-SR 1 of

41 Ia-13679-2024.doc compensation. He submits that immediately steps were taken for filing Appeal, however, delay has been caused.

3.

Learned Counsel appearing for the Respondent No. 1 and 2 and learned Counsel appearing for the Respondent No. 4 and 6 oppose the Application and submit that there is no sufficient explanation for delay. 4.

Perusal of the Application would indicate that specific plea has been taken in the Application that the Appellants were not aware of the passing of judgment and award and that knowledge of the same was acquired on 21st March 2023. There is no reply affidavit filed disputing that position.

5.

For the reasons stated, delay of 166 days stands condoned. 6.

Interim Application is allowed.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 30/04/2025 10:34:21