Shriram General Insurance Company Limited v. Smt.Mangal Apasaheb More And ORS.

1/2 38 caf 1015.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by LATA SUNIL PANJWANI Date:

2022.01.24 13:13:20 +0530 Civil Application No. 1015 of 2019 LATA SUNIL PANJWANI In First Appeal (st) No. 2921 of 2019 Shriram General Insurance Company Ltd.

...

Applicant v/s.

Smt. Mangal Appasaheb More & ors.

...

Respondents Mr. Rahul Mehta i/b. KMC Legal Venture for the applicant. Mr. Akshay Kulkarni for respondents 1 to 3.

CORAM : Anil S. Kilor, J 19th January 2022 P.C.

This is an application for condonation of delay.

2. Heard learned Counsel for the respective parties. 3.

It is submitted that there is delay of 41 days in filing First Appeal in challenging the judgment and order dt. 01.09.2018 passed in Maharashtra Accident Claim Tribunal Application No. 394 of 2015 by

2/2 38 caf 1015.19.odt MACT, Kolhapur. It is submitted that the sufficient cause has been shown in the application particularly in Paragraph-3 onwards. Shri Mehta, the learned counsel for the applicant further states that delay is not intentional but bonafide. Accordingly, he prays for condonation of delay.

4.

The office note dt.16.01.2021 shows that respondents 1,2,3 and 5 are duly served. The office note further shows that application was dismissed against the respondent no.4.

5.

After going through the application and contents of the application more particularly Paragraph-3 onwards, I am satisfied that sufficient cause has been shown in this application for condonation of delay. Accordingly, I pass the following order:-

ORDER

i) The Application for condonation of delay is allowed. ii) The delay caused in filing First Appeal is condoned. The office is requested to register the First Appeal and place the same before the Court for admission.

(Anil S.Kilor, J) Lata Panjwani, P.S.