National Insurance Company Limited v. Smt. Samita Subhash Dhumal And ORS.

Digitally signed by SONALI MILIND PATIL Date:

2021.12.04 15:15:48 +0530 SONALI MILIND PATIL 1/2 8.CAF-421-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 421 OF 2016 IN FIRST APPEAL (STAMP) NO. 2553 OF 2016 National Insurance Company Limited ... Applicant Vs.

Smt. Samita Subhash Dhumal & Ors.

... Respondents ...........

Mr. Amol Gatne i/b. KMC Legal Venture for the Applicant. Mr. C. M. Lokesh i/b. Mr. G. S. Hegde for the Respondent Nos. 1 & 2. ..........

CORAM: MADHAV J. JAMDAR, J.

DATE : 4th DECEMBER, 2021.

P. C. :- 1.

Heard Mr. Amol Gatne, learned counsel for the Applicant and Mr. C. M. Lokesh, learned counsel for Respondent Nos. 1 and 2. 2.

By the present Civil Application, the Applicant is seeking condonation of delay of 43 days in filing First Appeal. In the application detailed reasons are given for the delay which has caused in filing the First Appeal and various administrative difficulties are pointed out.

3.

Mr. C. M. Lokesh, learned counsel appearing for Respondent Nos. 1 and 2 submitted that no sufficient reasons are given in the Civil Application.

4.

However, perusal of Civil Application shows that detailed reasons are given. The Respondent has not filed any Affidavit-in- Sonali

2/2 8.CAF-421-2016.doc Reply. Therefore, the contentions raised in the Civil Application have remained uncontroverted.

5.

In the facts and circumstances of this case, Civil Application is allowed in terms of prayer clause (a).

(MADHAV J. JAMDAR, J.) Sonali