Bombay High Court
Adinath Narayan Pise And Ors vs Sadashiv Namdev Gitte And Anr on 10 August, 2023
Bench: Abhay Ahuja
2023:BHC-AS:23090
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 30403 OF 2022
IN
FIRST APPEAL (ST) NO. 97947 OF 2020
Adinath Narayan Pise And Ors. ..... Applicants
VERSUS
Sadashiv Namdev Gitte And Anr. ..... Respondents
Mr.Chetan R. Nagare for the Applicants/Appellants.
CORAM: ABHAY AHUJA, J.
DATE : 10th AUGUST, 2023
P.C:-
By this application, the appellant is seeking condonation of delay
of 338 days in preferring the appeal against the judgment and award
dated 7th October, 2019 passed by the M.A.C.T., Pune in M.A.C.P. NO.
715 of 2015.
2. Mr. Nagare, learned counsel for the applicants draws the
attention of this Court to paragraphs 4, 5 and 6 of the interim
application in support of his contention to condone the delay. Learned
counsel would submit that this is an appeal for enhancement of the
compensation and the appellant no.1 is the father of the deceased is
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working as a Vice Principal in a school and responsible for all the
administration of the school and was very busy with the activities and
his services to the school as well the conduct of the board examination
and therefore was not able to take leave from his work for visiting the
advocate for taking necessary steps for filing the present appeal
proceedings.
3. Learned counsel would submit that since the appellant no.1 was
himself looking at the motor accident proceedings in the tribunal
entirely by himself and thereafter there was the COVID-19 pandemic
out break due to which he could not apply for the certified copy in
view of the lock-down.
4. Learned counsel would submit that thereafter only on 11 th
August, 2020, the application for certified copy of the impugned
judgment and award could be made and the copy was received on 5 th
November, 2020. Learned counsel submits that since the appeal period
was 90 days from 7th October, 2019, the present appeal has been filed
on 4th December, 2020 after receiving the certified copy of the order of
5th November, 2020.
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5. Learned counsel would also submit that in view of the order
dated 23rd March, 2020 in suo-motu Writ Petition No. 3 of 2020 of the
Hon'ble Apex Court which extends the period of limitation till
February 2022 as such there would be no delay. However, in view of
the explanation given in the application, the delay, if any, be condoned.
6. The respondents though served, are not present/not represented.
7. Having heard learned counsel and having perused the
application, this Court is of the view that sufficient case has been made
out for condoning the delay of 338 days.
8. Let the delay be condoned. Let the first appeal be registered.
9. Application is accordingly disposed.
[ABHAY AHUJA, J.]
