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Bombay High CourtCAF/2084/2014dissmiss for defaultnonprosecution

Reliance General Insurance Company Ltd. v. Mr. Fida Hussain Abdul Kadir Pathan And ORS.

2015-02-06Hon'Ble Shri Justice K.K. Tated2 pages

7 caf2084-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2084 OF 2014 IN FIRST APPEAL (ST) NO.14487 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms.Kalpana R. Trivedi for the applicant Mr.Nitesh V. Bhutekar for the respondent

CORAM

: K.K.TATED, J.

DATED : 06/02/2015 PC:

Heard the learned counsel for the parties.

This application is preferred by Insurance Company for condonation of 37 days delay in filing First Appeal challenging the judgment and award dated 24.9.2013 passed by MACT, Mumbai in Application No.2302 of 2010.

The learned counsel for the respondent claimant vehemently opposed the present Civil Application. He submits that applicant has not shown sufficient cause for condonation of 37 days delay. Hence, Civil Application is dismissed with costs.

Considering the submissions made by the Mohite 1/2

7 caf2084-14.doc learned counsel for the Applicant and the averments made in paragraph 4 and 5 of the Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Delay of 37 days in filing First Appeal is condoned.

b) Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2