The Divisional Manager, The New India Assurance Co. Ltd. v. Sau. Muktabai Madhav Ugale And ORS.

29 caf2765-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2765 OF 2016 IN FIRST APPEAL (ST.) NO.14766 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.H.G.Misar for the applicant Mr.Sachin Gite for the respondent nos.1 and 2 CORAM : K. K. TATED, J DATE : APRIL 30, 2019 P.C.:

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Heard.

By this Civil Application, Applicant original Claimant is seeking condonation of 31 days delay in filing First Appeal challenging the judgment and award dated 24.11.2015 passed by MACT, Nashik in MACP No.828 of 2012.

Considering the submissions made by the learned counsel for the Applicant, the Mohite 1/2

29 caf2765-16.doc averments made in the Application and as there is a delay of 31 days in filing First Appeal, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

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

"(a) this Honourable Court may please be to condone 31 days delay in filing Appeal against impugned Judgement and Award dated 24/11/2015 passed by the Member, Motor Accident Claims Tribunal, Nashik in M.A.C.P. No.828 of 2012, in the interest of justice and the above said First Appeal may be heard on merits."

B) Civil application stands disposed of accordingly.

C) No order as to costs.

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