Reliance General Insurance Co. Ltd. v. Sou. Sarika Bhagwan Devkule And ORS.

20 caf2097-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2097 OF 2016 IN FIRST APPEAL (ST.) NO.6773 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Nisha Gandhi i/b M/s.Res Juris for the applicant Mr.R.S.Pachundkar for the respondent nos.1 to 3 CORAM : K. K. TATED, J DATE : APRIL 10, 2019 P.C.:

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Heard.

Advocate Mr.R.S.Pachundkar submits that he received instruction to appear on behalf of Respondent nos.1 to 3. He submits that he requires some time to file Affidavit-in-Reply. It is to be noted that office note shows that Respondents are duly served in 2017 itself. Mohite 1/2

20 caf2097-16.doc Inspite of that, Affidavit-in-Reply is not filed. Therefore, there is no question of granting adjournment on this ground.

By this Civil Application Applicant is seeking condonation of 30 days delay in filing First Appeal challenging the judgment and award dated 10.9.2015 passed by MACT, Pune in MACP No.684 of 2012.

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, the following order:

a) Delay in filing First Appeal is condoned.

b) Civil application stands disposed off accordingly.

c) No order as to costs.

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