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Bombay High CourtCAF/3904/2016disposed off

Oriental Insurance Company Limited Through The Assistant Generalmanager And ANR. v. M/S. Modison Metal Refiner And ORS.

2017-08-29Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

13.CAF3904_2016.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 3904 OF 2016 IN FIRST APPEAL (St.) No. 14863 OF 2016 Oriental Insurance Company Ltd.

through Assistant General Manager & Anr.

... Applicants Vs.

M/s. Modison Metal Refiner & Ors.

... Respondents Ms. Divya Menon i/b. Asim Vidyarthi, Advocate for the applicants. Mr. Ravi Agarwal, Advocate for respondent nos. 2 to 4. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 29th August, 2017.

P.C.:

This Application is moved for condonation of delay of 195 days in filing First Appeal.

2.

The learned counsel for the applicants submitted that the delay is not deliberate but due to procedural requirement, delay is caused. 3.

The learned counsel for the respondent/original claimants files reply to the Application. The learned counsel submitted that this matter is 29 years old and thereafter the matter was decided and now there is a delay of 195 days in filing the First Appeal. 4.

The grievance made by the learned counsel for the 1 / 2

13.CAF3904_2016.doc respondents can be considered by keeping this Appeal for final hearing at the stage of admission. In view of the submissions made by the learned counsel, delay of 195 days is condoned. 5.

Civil Application is allowed and is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2