The New India Assurance Co Ltd v. Mohd. Hashamat Abdul Hakim Ansari And ANR

25 caf1772-12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1772 OF 2012 IN FIRST APPEAL (ST). NO.10738 OF 2012 WITH FIRST APPEAL (ST). NO.10738 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.S.M.Dange for the applicant

CORAM

: K.K.TATED, J.

DATED : 06/02/2015 PC:

Heard the learned counsel for the applicant.

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

This application is preferred by Insurance Company for condonation of 118 days delay in filing First Appeal challenging the judgment and award dated 14.9.2011 passed in Application 3285 of 2006 u/s.146.

Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application, I am satisfied that the applicant has made out a case Mohite 1/2

25 caf1772-12.doc for allowing Civil Application. Hence, following order:

a) Delay of 118 days in filing First Appeal is condoned.

b) Civil Application is disposed of accordingly. c) Office is directed to place First Appeal on board on 27.02.2015 for admission if all office objections are removed.

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