In this application seeking condonation of delay of 341 days for filing a Second Appeal, the Court admitted that the applicant had been in military service and granted the prayer due to stated health and financial reasons.
Delay of 341 days caused in filing Second Appeal is condoned and the Second Appeal is registered.
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1. FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CA NO.5766/2009 in SA ST.NO.10506/2009.
Office notes, office Memoranda of
Coram,appearances, Court’s orders or directions and Registrar’s orders
Court’s or Judge’s orders.
CORAM : P.R.BORKAR, J.
DATE :19th July, 2010.
1) Shri MC Swami, Adv. for applicant. None
for the respondent.
2) This is an application seeking
condontion of delay of 341 days, caused
in filing the Second Appeal.
3) It is stated that the appellant has been
in military service and since 2007 he
was out of Maharashtra State. He had,
therefore, given power of attorney in
favour of his wife – Sow. Varsha on
16.5.2008 to look after the matter and
to take required steps, if any. In para
4 of the application, the applicant
stated that his wife - power of attorney
– Varsha, was under medical treatment on
account of her health problem w.e.f.
10.7.2008 to 15.7.2008 and she was also
facing financial problem and, therefore,
there was delay.
4) Considering the facts and circumstances
and the reasons given in the
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application, the delay is condoned and
CA for condonation of delay allowed as
above.
5) Office to register the Second Appeal.(P.R.BORKAR) JUDGE
bdv/ca5766.09
1 issue framed by the court
Whether to condone the delay of 341 days caused in filing the Second Appeal.
Applicant
Respondent
P.R.Borkar, J.
As recorded by the court registry
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