The New India Insurance Company Limited v. M/S.K.P Sanghvi And Sons And ANR.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2031/2019 in FIRST APPEAL (ST)NO.10841/2019 OfÏce Notes, OfÏce Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Mr.Sudhakar Pandaram i/b Milind V. More for appliance/appellant.

Advocate Mr.SR Singh for Respondent no.1. .

CORAM : K. K. TATED, J DATE : AUGUST 9, 2019.

P.C.:

Heard learned counsel for parties.

2. By this Civil Application, the applicant/Insurance Company is seeking condonation of 208 days delay in filing First Appeal challenging Judgment and Decree dated 24.7.2018 passed by City Civil Court, Bombay in Suit No.7292/1996.

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Learned counsel for Respondent submits that applicant failed to disclose sufficient cause for condonation of delay. Therefore, application is required to be dismissed with cost.

4. Heard learned counsel at length.

Considering the submissions made by learned counsel for applicant and the averments made in civil application and as the applicant had to take approval at several levels, before filing First Appeal, I am satisfied that applicant has made out a case for allowing civil application, but at the same time they have to pay cost of Rs.2500/-. Hence, the following order.

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

(a)That this Hon'ble Court be pleased to condone the delay of 208 days in filing the present First appeal.

B) Applicant to pay cost of Rs.2,500/- 2/3

C) Cost to be deposited in Kirtikar Law Library, High Court, Main building, Mumbai on or before 31/8/2019 and place on record receipt thereof failing which, the civil application shall stand dismissed without referring back to the court.

D) Civil application disposed of.

(K.K.TATED, J.) 3/3