(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The learned Counsel for the applicant states that respondents no.4 and 5 had expired, pending the proceedings before the Tribunal and, therefore, they may be permitted to be deleted.
Permission granted. Respondents No.4 and 5 shall stand deleted.
The present application is for condonation of delay of one year and six months in preferring the appeal against the judgement and award passed by the learned Tribunal, which is impugned in the First Appeal.
Heard Mr.Gajendra P. Baghel for Mr.Munshaw, learned Counsel for the applicant and Mr.Hakim, learned Counsel has appeared for respondents No.1, 2, and 3. Ms.Vijayalakshmi, learned Counsel for respondent No.6.
Considering the facts and circumstances and in view of the grounds mentioned in the application for condonation of delay, even if the lenient view is taken on the aspects of delay, appropriate cost deserves to be awarded to the original claimant for compensating the delay.
Considering the facts and circumstances, it appears that the appropriate cost will be Rs.3,500/- to the original claimant.
Hence, the delay is condoned on condition that the applicant pays the cost of Rs.3,500/- to the original claimant, respondents No.1, 2, and 3 within four weeks from today. After the amount of cost is deposited and/or paid, the First Appeal shall be listed for hearing.
The civil application is allowed to the aforesaid extent. Rule made absolute accordingly.
(Jayant Patel, J.) (H.
B. Antani, J.) vinod Top