The Single Judge allowed the applicant's application for condonation of 285 days delay in filing a first appeal against a Labour Court order, subject to payment of costs, and directed admission of the appeal.
Application for condonation of delay allowed; costs of Rs. 1000 to respondents; appeal to be admitted.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ssm
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 2861 OF 2007
IN
FIRST APPEAL (ST) NO.11079 OF2007
Mr. Dilip Khandagale...Applicant.
Vs.
Smt. Shakuntala Bau Kuchekar & Ors. ...Respondents.
Ms. Manisha Shekhar i/by M/s. J.Shekhar & Co. for
the applicant.
Mr. Dilip N. Mandavia for respondent No.1 and 2.
Ms. Pratiksha Mohite for respondent No.3
Smt. S.V.Sonawane for respondent No.4.
CORAM : ANOOP V.MOHTA,J.
DATED : 13th September, 2007.
P.C.
1. The original opponent party No.2, applicant
herein, moved this application for condonation of 285
days delay in filing the present first appeal arising
out of the order passed by the Labour Court, Mumbai
under the provisions of Workman’s Compensation Act.
( 2 )
2. The averments basically made that the advocate
appearing for all the opponents including the present
opponent, not informed the decision and thereby that
resulted into create injustice and hardship to the
applicant, as by the impugned order, the Court has
imposed the penalty of 50% of the compensation amount.
The applicant, therefore, enquired the advocate about
the matter. The advocate applied for the certified
copy on 22/02/2007, the same was ready on 23/03/2007,
and thereafter, the present application/ appeal filed
on 24/04/2007.
3. The learned counsel appearing for respondent Nos.
3 and 4 have no objection if the application for
condonation of delay is allowed.
4. The advocate, appearing for respondent Nos. 1 and
2, however by affidavit dated 5th September, 2007 has
opposed the said application on various grounds
including the averments about non-information.
5. As noted above and considering the facts and
circumstances of the case, I am inclined to grant the
application for condonation of delay subject to
( 3 )
payment of costs of Rs.1000/-, to be paid to
respondent Nos. 1 and 2 within two weeks.
6. Resultantly, the application for condonation of
delay is allowed in terms of prayer clause (a).
7. The appeal be placed for admission after due
registration.
8. The civil application is disposed of, accordingly.
[ANOOP V. MOHTA, J.]
1 issue framed by the court
Whether the application for condonation of delay in filing a first appeal arising from a Labour Court order under the Workmen's Compensation Act be allowed.
1 provisions across 1 enactments
First Appeal (ST) No.11079 of 2007
Smt. Shakuntala Bau Kuchekar & Ors.
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court