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Bombay High CourtCAF/2861/2017disposed off

The New India Assurance Company Ltd. The Divisional Manager. v. Shri.Prakash Balu Dandekar And ORS.

2020-03-13Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 5.caf-2861-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2861 OF 2017 IN FIRST APPEAL (ST)NO. 21137 OF 2017 The New India Assurance Company Ltd.

.. Applicant

Versus

Prakash Balu Dandekar and Ors.

.. Respondents ...

Mr.H.G.Misar for the Applicant Mr. Sujay Palshikar i/b S.S.Kulkarni for Respondent No.4 CORAM: BHARATI DANGRE, J.

DATED : 13th MARCH 2020 P.C:- 1.

The civil application is taken out seeking the condonation of 90 days delay in filing the present appeal challenging the judgment of the Motor Accident Tribunal, Thane delivered on 29th December, 2016.

2.

In the application it is stated that the judgment was passed on 29th December, 2016. Certified copy thereof was applied on 4th January, 2017. Intimation was given to the applicant on 31st January, 2017 and the copy was delivered on 15th February, 2017. Paragraph No.6 of the application contain an explanation for M.M.Salgaonkar

2/2 5.caf-2861-17.doc filing the appeal beyond the period of limitation and perusal of the reasons would reveal that on account of the procedural formalities to be completed by the New India Assurance Company Limited, the delay has been occurred. The delay being sufficiently explained, deserve to be condoned. 3.

The Civil Application is allowed in terms of prayer clause (a).

4.

The Registry is directed to register the Appeal. 5.

The Civil Application stands disposed of accordingly .

SMT. BHARATI DANGRE, J M.M.Salgaonkar