1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.1659/2009 in FA ST.NO.1944/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.RB Deshpande, Adv. for applicants; Mr.Sachin Deshmukh, Adv. for Respondent No.1; Mr.AS Usmanpurkar, Adv. h/for Mr. KV Kulkarni, Adv. for Respondent No.2. ___ CORAM : K.U.CHANDIWAL, J. DATE : 25th February, 2010. ... 1) Heard. 2) There is delay of 330 days in causing to file the First Appeal. The Counsel for the Respondent no.2 says, the reasons assigned for seeking condonation of delay, are not sufficient. 3) Having gone through the application, I find that the appellant was constrained under the circumstances to keep away to file the appeal. The reasons are sufficiently indicated and explained. The rights of the appellant should not be scuttled on flimsy grounds. Consequently, the delay of 330 days in causing to file the appeal is condoned. Application allowed as above. 4) Mr.Sachin Deshmukh and Mr. KV Kulkarni, 2 waive service for the respective respondents in the appeal. 5) The Counsel for the appellant to furnish copies of memo and its annexures to the counsel for other side well in advance. 6) The appeal will be finally heard at admission stage to 28th April, 2010. 7) Call R. and P. (K.U.CHANDIWAL) JUDGE bdv/ca1659.09