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2025 DAILYLAW 70546 (BOM)

TULSHIDAS BABURAO YACHWAD v. SANJAY DIGAMBAR BIRAJDAR AND ORS

CA/1110/2018 · 2025-11-10

Shri Abhay S Waghwase

body2025

Judgment text

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60-CA-1110-2018.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1110 OF 2018 IN FAST/32360/2017 Tulshidas Baburao Yachwad VERSUS Sanjay Digambar Birajdar And Others ... Mr. Ajinkya Reddy, Advocate for Applicant Mr. M. R. Deshmukh, Advocate for Respondent No. 5 *** CORAM : ABHAY S. WAGHWASE, J DATE : NOVEMBER 10, 2025 PC : 1. Instant application is filed for condonation of delay of 132 days caused in filing appeal against judgment and award passed by the learned Motor Accident Claims Tribunal, Latur. 2. Learned Advocate for applicant pointed out that reasons for delay are spelt out in civil application and stated that there is no deliberate and intentional delay and therefore, in the interest of justice and fair opportunity, delay so caused is sought to be condoned. 3. Learned Advocate for the respondent No.5 raised objection to condone the delay. Umesh PAGE 1 OF 2 2025:BHC-AUG:30617 60-CA-1110-2018.odt 4. For the reasons mentioned in civil application, more particularly, in paragraph nos.3 to 7 and in the interest of justice and fair opportunity, delay so caused is required to be condoned. Hence, the following order is passed :- ORDER (i) The application is allowed in terms of prayer clause “B”. (ii) Registry is directed to register the Appeal. (iii) In First Appeal, issue notice to the respondents, returnable within eight weeks. Learned Advocate Mr. M. R. Deshmukh waives service of notice on behalf of respondent No.5. (ABHAY S. WAGHWASE, J.) Umesh PAGE 2 OF 2