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Bombay High CourtCAF/2518/2017

The New India Insurance Co.Ltd. v. Shri.Sahebrao Babulal Kapure And ANR.

2018-07-27Hon'Ble Shri Justice K. K. Sonawane2 pages

1 920(1)-caf-2518.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2518 OF 2017 IN FIRST APPEAL STAMP NO. 15436 OF 2017 The New India Insurance Co. Ltd.

... Applicant

Versus

Sahebrao Babulal Kapure and another ... Respondents .....

Mr. Himanshu Takke i/b Mr. Milind V. More for the Applicant. Mr. T.J. Mendon for the Respondent No.1.

.....

CORAM : K. K. SONAWANE, J.

DATE : 27th JULY, 2018.

P. C.:

1.

Heard learned Counsel for the applicant-insurance company and learned Counsel for respondent No.1-original claimant. 2.

Despite service of notice, no one else appeared on behalf of respondent No.2. The present application is filed for condonation of 54 days delay in presenting First Appeal against the impugned judgment and award passed by the Member, M.A.C.T. Kalyan in M.A.C.P. No. 1235 of 2001.

Shridhar Sutar

2 920(1)-caf-2518.17.doc 3.

In view of reasons mentioned in the application and nature of the subject matter, there is no impediment to condone the delay. Hence, civil application stands allowed in terms of prayer clause (a). Delay caused for filing the First Appeal against the judgment and award passed by the Member, M.A.C.T. Kalyan, is hereby condoned. Registry to take further steps. 4.

Accordingly, civil application stands disposed of. No order as to costs.

5.

On registration of appeal, issue notice to the respondents, returnable on 4th September, 2018. Mr. Mendon, learned Counsel waives service of notice on behalf of respondent No.1. ( K. K. SONAWANE, J.) Shridhar Marutirao Sutar Shridhar Marutirao Sutar Date: 2018.08.02 10:24:01 +0530 Shridhar Sutar