Shri. Appu @ Virbhadra Dhondappa ... vs Shri. Mahesh Balasaheb Dhekale ...
2021 Latest Caselaw 13394 Bom

                                                    1        27-CAF 4569-16 in FAST 26510-16.odt


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                    CIVIL APPLICATION NO.4569 OF 2016
                                                    IN
                                    FIRST APPEAL (ST) NO.26510 OF 2016

                      Appu @ Virbhadra Dhondappa Rajmane & Ors.         ... Applicants
                           Vs.
                      Mahesh Balasaheb Dhekale & Ors.                   ... Respondents
                                                      -----

Mr.T.J. Mendon for applicants.

Ms. Avanti Inamdar h/f Mr.S.S. Salunkhe for respondent No1.

-----

CORAM: ABHAY AHUJA J.

DATE : 18TH SEPTEMBER, 2021 P.C.:

1. When the matter was called out in the morning session,

the learned counsel for applicants sought to keep back the matter as

none appeared on behalf of respondents.

2. In the afternoon session, when the matter is called out,

learned counsel for respondent No.1 has appeared. However, none

appears for respondent Nos.2 and 3, though service was effected.

3. By this application, the applicant is seeking condonation

of delay of 54 days in fling appeal against judgment and order dated

19th April, 2016 passed by the Learned Member, Motor Accident MUGDHA M PARANJAPE Digitally signed by Claims Tribunal at Solapur in Application No.166 of 2011. The MUGDHA M PARANJAPE Date: 2021.09.21 12:21:19 +0530

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reasons for the delay have been explained in paragraph 4 of the

application.

4. Learned counsel Mr. Mendon reiterates the submissions

made therein and submits that for the reasons contained therein

the delay of 54 days be condoned. He submits that the applicants

needed some time to make arrangements for funds and since they

were layman were not aware of the legal provisions about the fling

of the appeal, there has been delay of 54 days.

5. While this Court would have considered the application

and the submissions made by the learned counsel for applicants,

however since this matter is coming up for the frst time after a long

time and none appeared for respondents No. 2 and 3, as and by way

of last chance, list the matter on 05/10/2021. If on the next date,

none appears on behalf of respondent Nos. 2 and 3, this Court will

proceed to decide the application.

6. List the matter on 05/10/2021.

                                               (ABHAY AHUJA, J.)




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