The New India Assurance Company Ltd. v. Mr. Kamlesh Kumar Jaymurti Vishwakarma And ORS.

902 caf2040-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2040 OF 2015 IN FIRST APPEAL NO.246 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.D.R.Mahadik for the applicant Mr.V.M.Parkar for the respondent nos.1 and 2

CORAM

: K.K.TATED, J.

DATED : 12/06/2015 PC:

Heard the learned counsel for the parties.

This application is preferred by Insurance Company for extention of time to deposit amount in the Trial Court as per order dated 23.2.2015 passed by this court in Civil Application No.842 of 2015.

The learned counsel for the applicant submits that there was three days delay in depositing entire decreetal amount in the Trial Court. He submits that they deposited the amount in the Trial Court on 26.3.2015. He submits that in the interest of Justice, this Hon'ble Court be pleased to condone the delay in complying the order dated 23.2.2015 Mohite 1/2

902 caf2040-15.doc and continued the said order passed by this court. On the other hand, the learned counsel for the respondent claimant vehemently opposed the present Civil Application. He submits that applicant has not given sufficient cause for complying the said order within stipulated time. I have heard both the sides at length. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Time is extended till 26.3.2015 to comply the order dated 23.2.2015 passed by this court in Civil Application No.842 of 2015.

b)Delay in preferring the present Civil Application is condoned.

c) Civil application stands disposed off accordingly. (K.K.TATED, J.) Mohite 2/2