Shriram General Insurance Co Ltd v. Smt. Baby Chandrakant Deshmukh And ORS

904 caf3334-14.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO.3334 OF 2014 IN FIRST APPEAL (ST). NO.24553 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Nikhil Mehta i/b M/s.KMC Legal Venture for the applicant Mr.D.D.Shinde for the respondent nos.1 to 6 CORAM : K. K. TATED, J.

DATED : 12/02/2016 P.C.:

.

Heard the learned counsel for the parties.

This application is preferred by Insurance Company for condonation of 82 days delay in filing First Appeal challenging the judgment and award dated 26.2.2014 passed by MACT, Pune in MACP No.864 of 2010.

On earlier occasion the learned counsel for the applicant Insurance Company placed on record photo copy of purshis stating that matter is settled out of court.

Today the learned counsel for the respondent claimant submit that claimant nos.1, 2 and 5 are present before this court. They submit that they do Mohite 1/2

904 caf3334-14.doc not want to accept the said Consent Terms. Hence, matter be taken up for hearing on its own merits. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order: A) Civil Application is allowed in terms of prayer clause (a) which read thus:

"(a) The delay of 82 days in filing the Appeal be condoned."

B) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2