United India Insurance Co. Ltd. v. Smt. Shyama Raju Malhar And ANR.

54 caf2053-17.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2053 OF 2017 IN FIRST APPEAL (ST.) NO.5143 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Poonam Mittal I/b Ms.Varsha Chavan for the applicant CORAM : K. K. TATED, J DATE : MARCH 12, 2019 P.C.:

Heard.

Though Respondent is duly served, no one appeared on behalf of them when the matter was called out.

By this Civil Application, Applicant Insurance Company is seeking condonation of 33 days delay in filing First Appeal challenging the judgment and award dated 18.08.2016 passed by MACT, Mumbai in Application No.2482 of 2009.

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54 caf2053-17.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

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

"(a) That the delay of 33 days caused in filing the appeal be kindly condoned".

B) Civil application stands disposed off accordingly.

C) No order as to costs.

(K.K. TATED, J.) Mohite 2/2