National Insurance Co. Ltd. v. Mr. Jitendra Arvind Sinroja And ORS.

Digitally signed by VINA ARVIND KHADPE Date:

2022.06.06 15:31:00 +0530 VINA ARVIND KHADPE Vina Khadpe

(2) caf.2760.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2760 OF 2016 IN FIRST APPEAL (ST) NO.10694 OF 2016 National Insurance Co. Ltd.

.... Applicant / Appellant

Versus

Mr. Jitendra Arvind Sinroja and ors.

....Respondents Mr. Amol Gatne for the Applicant.

None for the Respondents.

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 6th JUNE, 2022.

P.C. :

1.

This is an Application for condonation of delay moved by the Applicant - National Insurance Co. Ltd.

2.

Heard Mr. Amol Gatne, learned counsel for the Applicant - National Insurance Co. Ltd.

3.

None appears for Respondent Nos.1 to 3 when the matter is called out. It appears from the record that Respondent Nos.1 to 3 have been duly served.

4.

This Application for condonation of delay is pending since the year 2016. As such it would be appropriate to consider this Application for condonation of delay on its own merits.

5.

Mr. Gatme, learned counsel for the Applicant/Appellant invited 1/2

Vina Khadpe

(2) caf.2760.2016.doc my attention to paragraphs 2 to 3 of Application of delay condonation. He submits that due to procedural formalities delay was occasioned. It was not intentional delay. He, therefore, urges to condone the delay. 6.

Having considered the submission of Mr. Gatne, learned counsel for the Applicant/Appellant, and looking to the reasons assigned in paragraphs 2 to 3, it would be appropriate to condone the delay of 190 days in the interest of justice. Hence, I pass the following order; :: ORDER ::

(i) Application for condonation of delay is hereby allowed. (ii) Registry is directed to make scrutiny of Appeal as per procedure and thereafter it be numbered and place the matter before the appropriate Court.

(iii) Application for condonation of delay is accordingly disposed of.

(SHRIKANT D. KULKARNI, J.) 2/2