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Bombay High CourtCAO/6/2018

Shri. Anand Ramu Bolake And ORS. v. The New India Assurance Co. Ltd. Through Mumbai Regional Office - I

2019-03-11Hon'Ble Shri Justice K.K. Tated2 pages

81-cao-6-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6 OF 2018 IN CROSS OBJECTION (ST) NO.17536 OF 2017 IN FIRST APPEAL NO.1376 OF 2014 Shri. Anand Ramu Bolake and Ors.

.. Applicants

Versus

The New India Assurance Co.

Ltd. Throuhg Mumbai Regional office-I .. Respondents Mr. S.A. Ghaisas for applicants.

Mr. Sandeep Jinsiwale for respondents.

CORAM : K.K. TATED, J.

DATE : 11 MARCH 2019.

P.C:- .

Heard learned Counsel for parties.

2.

By this civil application, applicant/original claimant is seeking condonation of 1 year 73 days delay in filing the cross objection. The learned Counsel for the applicant submits that the applicant was not keeping well and therefore there is a delay on the part of the applicant to file the cross objections in the above mentioned First Appeal.

S.C.Magar

81-cao-6-2018.doc 3.

The learned Counsel appearing on behalf of respondent/original claimant vehemently opposed the present civil application. He submits that the applicant has not shown sufficient cause for condonation of inordinate delay. Hence, same to be dismissed with cost.

4.

Considering the submissions mad by learned Counsel for the applicant and reasons disclosed in paragraph Nos. 2 and 3 of the civil application, I am satisfied that the applicant has made out case for allowing this civil application. Hence, following order :- a) Delay in filing cross objection is condoned.

b) Civil application stands disposed of accordingly. c) No order as to costs.

(K.K. TATED, J.) S.C.Magar