Murlidhar S/O Mahadeorao ... vs Naresh Kanhiyalal Hiranwar And ...
2022 Latest Caselaw 12096 Bom

                                                                                                                                        10. CAF 1161 of 2019.odt
                                                                                           1


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                            CIVIL APPLICATION (CAF) NO.1161/2019
                                                             IN
                                               FIRST APPEAL ST. NO.16657/2018

                                               Murlidhar s/o Mahadeorao Gajbhiye
                                                           ...Versus...
                                             Naresh Kanhiyalal Hiranwar and another

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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                                         Shri P.S. Mirache, Advocate for applicant
                                                                         Ms Anita Mategaonkar, Advocate for respondent no.2

                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 24/11/2022

1. The civil application seeks condonation of delay of 206 days in filing the first appeal against the judgment and award passed by the Member of Motor Accident Claims Tribunal.

2. The respondent no.1 has been served by paper publication, however, none appears. Advocate Ms Anita Mategaonkar appears for the respondent no.2. In Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and others, (2013) 12 SCC 649 the Hon'ble Apex Court has laid down the parameters for considering an application for condonation of delay and has mandated that the liberal approach ought to be adopted.

10. CAF 1161 of 2019.odt

3. Though the application is opposed by the learned counsel for respondent no.2, considering the quantum of delay and the reasons given in the application and accepting them, the delay in filing the first appeal is condoned. The civil application is allowed. Office to register the appeal.

FIRST APPEAL ST. NO.16657/2018

1. Issue notice to the respondents, returnable in four weeks.

2. Advocate Ms Anita Mategaonkar waives service of notice for the respondent no.2. The appellant to serve the respondent no.1 by all modes of service permissible in law. Hamdast granted.

(AVINASH G. GHAROTE, J.)

Wadkar

Digitally signed bySHAILENDRA SUKHADEORAO WADKAR Signing Date:25.11.2022 11:05