Bajaj Allianz General Insurance Company Limted v. Mrs. Anusaya Mahadev Vadekar And ANR.

skc 16-CAF-1305=16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1305 OF 2016 IN FIRST APPEAL (STAMP) NO. 18525 OF 2015 Bajaj Allianz General Insurance Company Limited ..

Applicant vs.

Mrs. Anusaya M. Vadekar & Anr.

..

Respondents Ms Yogita Deshmukh i/b. Mr. M. M. Sathaye for Applicant / Appellant.

Ms Namrata Bobde for Respondents.

CORAM : M. S. SONAK, J.

DATE : 14 MARCH 2017 P.C :

1] Heard learned counsel for the parties.

2] Although the reason that delay was occasioned on account of 'corporate procedure' is not by itself convincing, it is noted that in this case, there is no negligence as such on the part of the applicant / appellant. Steps were being taken in the matter of preparation and filing of the appeal. However, there was some communication gap between the applicant / appellant and their lawyers. The delay is of 95 days. Such delay can be condoned subject to payment of costs. Accordingly, the delay of 95 days in instituting the appeal is condoned subject to payment of costs of Rs.7,500/- (Rupees Seven Thousand Five Hundred) within a period of four weeks from today. 1/2

skc 16-CAF-1305=16.doc In case the amount of costs are not paid to the respondent no. 1 or deposited in this court, within a period of four weeks from today, the civil application to stand dismissed.

3] The civil application is disposed of accordingly. (M. S. SONAK, J.) Chandka 2/2