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Bombay High CourtCAF/2882/2016allowed

The Manager, United India Insurance Co. Ltd. v. Smt. Suman Anandrao Patil And ORS.

2016-07-05Hon'Ble Shri Justice R.M. Savant.2 pages

(29) caf-2882.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2882 OF 2016 IN FIRST APPEAL STAMP NO.10404 OF 2016 The Manager United India Insurance Co. Ltd.

: Applicant.

Versus

Smt. Suman anandrao Patil and ors.

: Respondents.

Mr. Ketan Joshi for the Applicant.

Mr. Vishwajeet Mohite for the Respondent No.1. CORAM :

R. M. SAVANT, J.

DATE :

05th July 2016 P.C.

At the outset the learned counsel appearing on behalf of the Applicant Shri Ketan Joshi seeks deletion of the Respondent Mo.3 from the array of the Respondents having regard to the challenge raised which is mainly on the ground of amount of compensation awarded i.e. the quantum. The Respondent No.3 is accordingly allowed to be deleted at the risk of the Applicant/Appellant. Amendment to be carried out forthwith both in the above Civil Application as well as in the above First Appeal. The above Civil Application has been filed by the Applicant seeking condonation of delay of 84 days in filing the above First Appeal. The reasons therefor are mentioned in paragraph 3 of the above Civil Application. lgc

(29) caf-2882.16 The learned counsel appearing on behalf of the Respondent No.1 Shri Vishwajeet Mohite opposes the above Civil Application but ultimately leaves it to this Court.

Hence accepting the reasons mentioned in the above Civil Application, the same is allowed. Resultantly the delay of 84 days in filing the above First Appeal stands condoned. List the above First Appeal for admission on 19/07/2016. The parties are put to notice that the above First Appeal may be heard and disposed of finally at the admission stage in view of the narrow challenge involved therein. The above Civil Application is accordingly disposed of.

[R.M.SAVANT, J] lgc