The court allowed a civil application to condone delay for a first appeal concerning a motor accident claim, citing file misplacement in transit.
To allow the first appeal in the case of Civil Appeal No. 2051 of 2010 and to make the order absolute in Civil Appeal No. 2052 of 2010.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FARAD CONTINUATION SHEET NO.__________
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD.
CIVIL APPLICATION NO. 2051 OF 2010
IN
FIRST APPEAL ST. NO. 1294 OF 2010
Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders |
CORAM : P. R. BORKAR, J. DATE : 8th JULY, 2010.
1 Adv. Shri A.B. Gatne is present for the
applicant. None present for the
respondents though duly served.
2 It is stated in the application that after decision in Motor Accident Claim Petition no. 22/2008 on 27-4-2009, certified copies were sent to the advocate for obtaining opinion from the panal advocate. Thereafter the file was misplaced in transit between the branch of office and Divisional Office. After locating the file, steps were taken to send the entire file to the higher authorities. For the reasons given in paragraph nos. 3 and 4 of the
2
application, delay deserves to be condoned. Application is allowed in terms of prayer clause ‘B’.
( P. R. BORKAR, J.)
dyb / office / ca2051.10.odt
3
FARAD CONTINUATION SHEET NO.__________
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD.
CIVIL APPLICATION NO. 2052 OF 2010
IN
FIRST APPEAL ST. NO. 1294 OF 2010
Office Notes, Office Memoranda of |
Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders |
and Registrar’s orders |
CORAM : P. R. BORKAR, J. DATE : 8th JULY, 2010.
1 Adv. Shri A.B. Gatne is present for the
applicant. None present for the respondents though duly served.
2 Order dt. 27-4-2009 is made absolute in view of the statement made at that time that the entire amount is deposited.
( P. R. BORKAR, J.)
dyb / office / ca2051.10.odt
1 issue framed by the court
Whether delay in processing a private_death_06 should be condoned in the absence of valid explanation?
Adv. A.B. Gatne
Uncontested respondents
P. R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
