0803caf3241.09.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAF NO. 3241/2009 & 3242/2009 IN FIRST APPEAL ST. NO. 18528 OF 2009 AND FIRST APPEAL ST. NO.18528 OF 2009 (Smt. Savitabai Ashok Sahu Vs. Dnyaneshwar Bapurao Irpate & another) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. S. S. Ghate, Advocate for the appellant. Mr. A. S. Bhendrarkar, Advocate for respondent No.1 Mr. G. N. Khanzode, Advocate for respondent No. 2. C ORAM : F. M. REIS, J. DATED : 8th March, 2010. CAF NO. 3241/2009 Heard. This is an application for condonation of delay of 47 days in filing the first appeal challenging the order dated 5/8/2009 passed by the Commissioner under Workman’s Compensation Act, Nagpur in Application (W.C.A.) No. 129 of 1995. The main ground for the delay is on account of the fact that the appellant being old aged was unable to obtain all the requisite documents in time to prefer the present appeal, within the time prescribed. The learned Counsel for respondent No.1 has no objection, but, however, he states that application should not be granted as the amount awarded by the impugned order is not deposited by the appellant. The learned Counsel for the appellant, however, states that he has 0803caf3241.09.odt 2/2 already deposited the amount before the Commissioner on 20/11/2009. In the facts and circumstances of the case, delay of 47 days in filing the first appeal is condoned. The application stands disposed of accordingly. CAF NO. 3242/2009 : Issue notice to the respondents returnable on 11/3/2010. Learned Counsel for the respective respondents waive service. In the meanwhile, the parties are directed to maintain status quo till the returnable date. F.A. ST. NO. 18528/09 : Issue notice before admission returnable on 11/3/2010. Learned Counsel for the respective respondents waive service. JUDGE WWL