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Bombay High CourtCAF/41/2019delay condonatedrejected

Reliance General Insurance Company Limited Through It'S Corporate Office v. Mr. Rakesh Fakirrao Deshmukh And ANR.

2022-01-28Hon'Ble Shri Justice Anil S. Kilor2 pages

Megha 70_caf_41_2019 in fast 20429_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.41 OF 2019 IN FIRST APPEAL (STAMP) NO.20429 OF 2018 Reliance General Insurance Co. Ltd.

...Applicant

Versus

Rakesh Fakirrao Deshmukh and Anr.

...Respondents

....

Mr. Rahul Mehta i/b. M/s. KMC Legal Venture for the Applicant. CORAM : ANIL S. KILOR, J.

DATED: 28th JANUARY, 2022.

P.C.:- 1.

Heard Mr. Mehta, learned counsel for the Applicant. None for the Respondents, though served.

2.

Mr. Mehta, points out that there is a delay of 12 days in filing the appeal challenging the judgment and award dated 27/02/2018 passed by the learned Member, Motor Accident Claim Tribunal, Nashik in M.A.C.T. Application No.926 of 2013, thereby allowing the claim and granting compensation of Rs.1,72,380/-.

3.

It is submitted that the delay is caused because of the administrative procedure, which was required to be followed before filing of the appeal. He further submits that the way in which the award has 1/2

Megha 70_caf_41_2019 in fast 20429_2018.doc been passed, it is necessary in this matter to look into the merits of the appeal and therefore the delay in this matter may be condoned. He has submitted that the delay is not intentional but bonafide. 4.

After going through the application, it is revealed that details have been given as regards the procedure followed for administrative approval, obtained for filing the appeal. In absence of any reply opposing the application or disputing the facts stated in the application, I am of the opinion that sufficient cause has been shown in the application for condonation of delay. Accordingly, I pass the following order:

ORDER

(i) The application for condonation of delay is allowed; (ii) The delay caused in filing First Appeal is condoned. The office is requested to register the First Appeal and place the same before the Court for admission.

(ANIL S. KILOR, J.) by MEGHA S PARAB Date:

2022.02.03 15:52:07 +0530 MEGHA S PARAB 2/2