TUKARAM YADOJI POTE Vs. ASHOK SAJARAM GAYAKE

JUDGEMENT

(1.) The applicant has moved this application seeking condonation of 433 days delay in filing Appeal for the reasons set out in detail in the application.

(2.) Heard learned counsel for the applicant-appellant and the respondent nos.1 and 2. Mr.V.M.Maney, learned counsel for the respondent no.2, undertakes to file Vakalatnama during the course of the day.

(3.) In brief, it is the contention of the learned counsel for the applicant- appellant that delay caused in filing appeal is not intentional and deliberate. The applicant could not arrange funds to file appeal. After seeking financial help, the applicant could be able to file appeal. It is submitted that if delay is not condoned, serious prejudice would cause to the applicant-appellant. The applicant is ready to waive the interest of the period for which delay has been caused in filing appeal if the award is modified and enhanced compensation is granted.