Icici Lombard General Insurance Company Limited v. Mr. Shriram Tathu Kapadnis And ORS

13.794.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.794 OF 2013 IN FIRST APPEAL (ST) NO.2702 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Varsha Chavan for the Applicant Ms. Yogita Deshmukh for the Respondent Nos.1 and 2.

Mr. Rajan Pawar for the Respondent No.3.

CORAM : K. K. TATED, J.

DATE : APRIL 17, 2015 P.C.:

1.

Heard. This Application is preferred by the Insurance Co. for condonation of 88 days delay in filing the First Appeal challenging the judgment and award dated 09/07/2012 passed by the MACT, Malegaon in MACP No. 201/2008.

2.

The learned counsel for the Respondent Nos.1 and 2 vehemently opposed the Civil Application.

3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied Basavraj G Patil 1/2

13.794.15-caf that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clause (a) which read thus:

(a) That delay of 88 days caused in filing the appeal against the impugned judgment and award dated 09/07/2012 passed by Member, MACT, Malegaon be kindly condoned and the appeal be heard on merits.

b) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2