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Bombay High CourtCAF/3675/2016allowed

The New India Assurance Co. Ltd. v. Sou. Kashibai @ Kasturabai Kallappa Jakune And ORS.

2016-10-27Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

OSK 913-caf-3675-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3675 OF 2016 IN FIRST APPEAL (STAMP) NO. 21337 OF 2016 The New India Assurance Co.Ltd.

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Applicant/ Appellant

Versus

Sou.Kashibai @ Kasturabai Kallappa Jakune & Ors.

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Respondents Ms.Poonam Mital for Applicant/Appellant.

Mr.Balvant V. Salunkhe for Respondent Nos.1 to 3. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 27TH OCTOBER, 2016.

P.C. :

1] Heard the learned counsel for the applicant and respondents.

2] This is an application seeking condonation of delay of 37 days in preferring the First Appeal against the judgment and award dated 14th March, 2016 in MACP No. 178 of 2011 passed by the Adhoc District Judge-1 and Member, Motor Accident Claims Tribunal, Sangli.

3] On the request of the learned counsel for the applicant, notice to respondent no.4, who, is driver to the offending vehicle is 1/2

OSK 913-caf-3675-2016.odt dispensed with.

4] For the reasons stated in paragraph 3 of the application, as sufficient cause is made out, the delay is condoned. 5] The Civil Application is allowed. The First Appeal be registered and numbered.

(DR.SHALINI PHANSALKAR-JOSHI, J.) 2/2