Smt. Swati Anant Wagh And ORS. v. M/S. Antaeus Rent A Car Pvt Ltd. And ORS.

1 35-CAF 243-17 in FAST 14171-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.243 OF 2017 IN FIRST APPEAL (ST) NO.14171 OF 2016 Smt. Swati Anant Wagh & Ors.

... Applicants Vs.

M/s. Antaeus Rent A Car Pvt. Ltd. & Ors.

... Respondents ----- Mr. Bharat Gadhavi i/by Tejesh Dande & Associates for applicants. Ms. Varsha Chavan for respondent No.3.

Mrs. Jyoti Bajpayee Pandey for respondent No.4. ----- CORAM: ABHAY AHUJA J.

DATE : 18TH SEPTEMBER, 2021 P.C.:

1.

Heard. Learned counsel for applicants submits that there is a delay of 74 days in preferring the appeal against the judgment, order and award dated 16th April, 2015 passed by the Motor Accident Claims Tribunal, Mumbai in Claim Application No.2362 of 2002, thereby allowing the claim of applicants and directing respondents to pay an amount of Rs.4,86,800/- to applicants with interest @ 6% per annum from the date of Claim Application till its realisation.

MUGDHA M PARANJAPE 2.

Learned counsel draws the attention of this Court to MUGDHA M PARANJAPE Date: 2021.09.21 12:21:21 +0530

2 35-CAF 243-17 in FAST 14171-16.odt paragraphs 2 to 5 to explain the delay.

3.

Learned counsel representing respondent Nos.3 and 4 have no particular objection to the condonation of delay. As against respondent No.1, pursuant to the order dated 17th October, 2019 passed by Registrar (Judicial), the civil application has been dismissed. Respondent No.2, though served, is not appearing. 4.

Having heard learned counsel for the parties and having perused the reasons in paragraphs 2 to 5 of the application, this court is of the view that suffcient cause has been given explaining the delay. The delay of 74 days in fling the frst appeal is hereby condoned.

5.

Civil Application is disposed of.

6.

List the appeal for admission on 05/10/2021, when the endeavour would be made to dispose of the frst appeal at the stage of admission itself.

3 35-CAF 243-17 in FAST 14171-16.odt 7.

The applicants are directed to serve a copy of the compilation well in advance on the counsel for the respondents before the next date.

(ABHAY AHUJA, J.)