Mr. Sangamlal Kishorilal Gupta vs Mr. Sadik Ali Mohd. Raees Shah And ...
2021 Latest Caselaw 16792 Bom

                                                              48-fast-11114-2021.doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.1439 OF 2021
                                        IN
                        FIRST APPEAL (ST.) NO.11114 OF 2021

Sangamlal Kishorilal Gupta                        ...Applicant/Appellant
           vs.
Sadik Ali Mohd Raees Shah and Anr.                ...Respondents

Mr. T.J. Mendon, for the Applicant/Appellant

                               CORAM :   N. J. JAMADAR, J.

                               DATE :    DECEMBER 03, 2021

P.C.:

.       Heard the learned counsel for the applicant/appellant.

2. This application is taken out for condonation of delay in

preferring the appeal against the judgment and award dated 4 th

September, 2019 in Application(WCA) No. 100/C-20/2016 passed by

the Commissioner for Employees Compensation & Judge, Third

Labour Court, Thane.

3. The respondent Nos. 1 and 2 have not entered appearance

despite service of notice.

4. There is delay of one year and 216 days in preferring the

appeal.

5. In paragraph 3 and 4 of the application, the applicant has

ascribed reasons which prevented him from fling the appeal within

the stipulated period.

Vishal Parekar, P.A. ...1 48-fast-11114-2021.doc

6. It seems that on account of poor fnancial condition and

adverse social condition, the applicant could not prefer the appeal

within the statutory period. It is trite that an application for

condonation of delay receives liberal consideration so as to advance

the cause of substantive justice.

7. I am satisfed that suffcient cause is made out to condone the

delay. In any event, there is no lack of bonafde or intentional delay.

8. Hence, the application stands allowed in terms of prayer

clause (a).

9. The delay in preferring the appeal is condoned.

10. Appeal be registered.

First Appeal No. 11114 of 2021:-

11. Issue notice to the respondents returnable on 28 th January,

2022.

12. In addition to notice through Court the appellant is at liberty

to serve the respondents by private service and fle affdavit of

service.

                                          (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                         ...2