The New India Insurance Co. Ltd. v. Shri. Ramdas Gopalrao Suryavanshi And ORS.

35-CAF1133-16INFAST12856-15.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1133 OF 2016 IN FIRST APPEAL (ST) NO. 12856 OF 2015 SANTOSH SUBHASH KULKARNI The New India Insurance Co. Ltd.

...Appellant

Versus

Ramdas Gopalrao Suryawanshi & anr.

...Respondents

SANTOSH SUBHASH KULKARNI Date: 2021.10.21 11:01:50 +0530 None for the Appellant.

Ms. Riddhi Natekar, h/f Yuvraj Narvankar, for the Respondents

CORAM:

N. J. JAMADAR, J.

DATED :

14th OCTOBER, 2021 PC:- 1.

This is an application for condonation of delay of 42 days in preferring the appeal against the judgment and award dated 14th November, 2014.

2.

Perused the averments in the application.

3.

In paragraph 3 of the application, the applicant - original opponent no.2 has ascribed reasons in justification of the delay. A sufficient cause for condonation of delay is made out. The delay does not seem to be intentional. Nor there is lack of bonafide. It is trite that an application for condonation of delay is not receive liberal consideration so as to advance the cause of substantive justice.

1/2

35-CAF1133-16INFAST12856-15.DOC 4.

In view of the above, I am persuaded to condone the delay so as to advance the cause of substantive justice. 5.

Hence the following order:

: O r d e r :

(i) The application stands allowed in terms of prayer clause (a).

(ii) The delay in preferring appeal stands condoned. (iii) Appeal be registered.

[N. J. JAMADAR, J.] 2/2