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Bombay High CourtCAF/869/2018allowed

Oriental Insurance Company Limited. v. Smt.Puja Pravin Sheth And ORS.

2018-03-22Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 917 CAF869.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.869 OF 2018 IN FIRST APPEAL (ST.) NO. 1380 OF 2018 Oriental Insurance Company Limited .....Applicant v/s.

Puja Pravin Sheth & Ors.

......Respondents Ms. Sneha S. Dwivedi for the applicant.

Mr. Nitesh V. Bhutekar for R.No.1.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 22nd MARCH, 2018.

P.C. :- .

At the outset, Ms. Sneha Dwivedi, learned counsel for the applicant seeks leave to amend the civil application so as to correct the paragraph numbers. Leave is granted. Amendment to be carried out forthwith.

2.

By this application, the applicant/Insurance Company has sought to condone the delay of 83 days in filing the appeal against

P.H. Jayani 917 CAF869.18.doc the judgment and award dated 07th July, 2017 passed by the MACT, Mangaon in Claim Petition No.120 of 2014.

3.

Heard Ms. Sneha Dwivedi, learned counsel for the applicant and Mr. Nitesh Bhutekar, learned counsel for respondent no.1. He has opposed the application on the ground that no sufficient ground is made out for condoning the delay.

4.

I have perused the records and particularly the averments made in paragraph nos.5, 6 and 7 of the application which in my considered view, constitute sufficient grounds. Hence, delay in filing the appeal is condoned. Civil Application is allowed. Appeal be registered.

(SMT. ANUJA PRABHUDESSAI, J.)