1 ca13255.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.13255 OF 2010 IN FIRST APPEAL ST. NO. 26759 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Smt. Ranjana R. Reddy, Advocate for applicant. Mr.G.R. Syed, Advocate for Resp.Nos.1 & 2. CORAM : K. K. TATED, J. DATE : 20TH DECEMBER, 2010. PER COURT : . Heard the learned Counsel for the parties. 2. Present Civil Application is preferred by the original respondent No.2 for condonation of 1478 days delay in preferring the appeal against the judgment and award dated 15-05-2006 passed by the 2nd Adhoc Additional District Judge, Aurangabad in M.A.C.P. No.39 of 2004. 3. The learned Counsel appearing on behalf of the applicant submits that initially they applied for certified copies 2 ca13255.10 of judgment and award on 15-06-2006 and that was ready for delivery on 24-07-2006. Their Advocate in the lower Court collected those copies and forwarded to the office of the applicant on 26-07-2006. On the basis of report submitted by their Advocate who appeared before the Tribunal, the applicant granted sanction on 16-10-2006 for filing the appeal in this Court. On the basis of the sanction granted by the Head Office, they instructed their Advocate by letter dated 17-10-2006 to file the appeal immediately in this Court. 4. She further submits that previous Advocate removed from the applicant's panel on 03-07-2008. For want of information about filing of appeal from previous Advocate, the applicant instructed new Advocate on 17-08-2010 to search in the department of this Court. At that time, the applicant learnt that their previous Advocate failed to file appeal. 5. The learned Counsel appearing on behalf of the applicant submits that thereafter they again applied for certified copies of the judgment and award on 17-08-2010 and same were ready for delivery 3 ca13255.10 on 21-08-2010. The applicant issued letter dated 25-08-2010 to present Advocate for filing appeal in this Court and the present appeal filed on 09-09-2010. These facts are stated by the applicant in their additional affidavit dated 16-12-2010. 6. The learned Counsel appearing on behalf of the respondents vehemently opposed the present Civil Application. He submits that the applicant failed to disclose any cogent reason for condonation of 1478 days delay. 7. From the additional affidavit of the applicant dated 16-12-2010, it is crystal clear that due to the fault on the part of their Panel Advocate, there is delay in preferring the appeal. 8. Considering the averments in the Civil Application and additional affidavit dated 16-12-2010 I am of the opinion that the applicant made out sufficient cause for condonation of delay. The delay in preferring the appeal against the judgment and award dated 15-05-2006 passed by the 2nd Adhoc Additional District Judge, 4 ca13255.10 Aurangabad in M.A.C.P. No.39 of 2004 is condoned, on payment of costs of Rs.2500/- (Rs. Two thousands five hundred only) to respondent No.1 and 2. Costs to be paid to respondent No.1 and 2's Advocate by Account Payee Cheque within four weeks from today. 9. Civil Application is disposed of accordingly. [ K. K. TATED, J.] sut/DEC10/ca13255.10