Mr. Kishore Krushna Patil vs Arapur Atomic Power Station, ...
2023 Latest Caselaw 7273 Bom

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                               FIRST APPEAL NO.719 OF 2023

 Mr.Kishore Krushna Patil                                         ... Appellant
       Vs.
 Tarapur Atomic Power Station,
 Stores Officers Central Stores Unit,
 Tarapur.                                                         ... Respondent
                                             -------

 Ms.Amrin Khan i/by Mr.Avinash Mukund Gokhale, Advocates for the
 Appellant.
 None for the Respondent.

                                             -------

                            CORAM :    ABHAY AHUJA, J.

                            DATE :     20 JULY, 2023.


 P.C. :

1. This First Appeal has been listed before this court at Serial No.5

pursuant to the directions of the Hon'ble Supreme Court of India in order

dated 19th May, 2023 whereby the order dated 13 th August, 2019

rejecting the application for condonation of delay of 510 days in

preferring this appeal was set aside and this First Appeal was restored to

file of this court and the parties were directed to appear before the

Registrar General on 12th July, 2023.

  Priya R. Soparkar                                                                          1 of 3



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2. Ms.Amrin Khan, learned counsel for the Appellant at the outset

apologizes for not remaining present before the Registrar General on 12 th

July, 2023. Today she submits that unfortunately due to heavy rain she

does not have her brief and seeks some time.

3. This First Appeal has been preferred against judgment and award

dated 9th March, 2016 passed by the Motor Accident Claims Tribunal,

Palghar in Motor Accident Claim Petition No.24 of 2012 seeking

enhancement of compensation in respect of the injured Appellant.

Although the representative of the Respondent appeared before the

Registrar General, today none appears for the Respondent.

4. Ordinarily this court would have listed the appeal for admission.

However, considering that this matter has been listed pursuant to the

directions of the Hon'ble Supreme Court and in the interest of justice this

court deems it appropriate that the First Appeal be finally heard at the

stage of admission. Hence, the following order is passed:-

(i) Registry is directed to call for the record and proceedings within a period of four weeks.

              (ii)    Ms.Amrin Khan, learned counsel for the Appellant


  Priya R. Soparkar                                                                    2 of 3



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seeks four weeks time to file compilation of documents. Let compilation of documents be filed within a period of four weeks with a copy to the other side.

(iii) Let the Registry intimate this order to the Respondent/ their counsel.

5. List on 25th August, 2023.

                                                  (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                   3 of 3