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Bombay High CourtCAF/3642/2019delay condonatedrejected

National Insuance Company Ltd. Thr. Its Mumbai Regiona Office Iii v. Smt. Gyanti Shyambihari Gupta And ORS.

2022-01-24Hon'Ble Shri Justice Anil S. Kilor2 pages

Megha 72_caf_3642_2019 in fast_20736_2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3642 OF 2019 IN FIRST APPEAL (STAMP) NO.20736 OF 2019 National Insurance Co. Ltd.

...Applicant/Appellant

Versus

Smt. Gyanti Shyambihari Gupta and Ors.

...Respondents

....

Ms Harshada M. Rane for the Applicant.

CORAM : ANIL S. KILOR, J.

DATED: 24th JANUARY, 2022.

P.C.:- 1.

This is an application for condonation of delay. Heard learned counsel for the Applicant. None for the non-Applicants though served. 2.

The learned counsel for the Applicant points out that there is delay of 177 days in filing first appeal. He has drawn attention of this Court to the reasons stated in Paragraph-III of the application and submits by MEGHA S PARAB Date:

2022.01.28 16:05:41 +0530 MEGHA S PARAB that sufficient cause has been shown by the Applicant in the application, for condonation of delay. It is submitted that the delay is not intentional but bonafide. He further submits that the decreetal amount has already been deposited before the Tribunal.

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Megha 72_caf_3642_2019 in fast_20736_2019.doc 3.

Though this application is pending from 2019 and nonApplicants are served long back, no reply has been filed to the application opposing the said application.

4.

After going through the application, more particularly, reasons stated in Paragraph-III, I am satisfied that sufficient cause has been shown in the application for condoning the 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.) Digitally signed by MEGHA S PARAB Date:

2022.01.28 16:02:48 +0530 MEGHA S PARAB 2/2