Ms. Vaswati Samiran Ganguly And ORS. v. National Insurance Co.Ltd. And ANR.

(21) CAF 4035-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 4035 OF 2016 IN FIRST APPEAL (STAMP) NO. 24807 OF 2016 Ms. Vaswati Samiran Ganguly & Ors.

.. Applicants Vs.

National Insurance Co. Ltd. & Anr.

.. Respondents Ms. Shweta Sharma a/w. Ms. Dipti Shah, Mr. Chdroo Shukla h/f Solicis Lex for the Applicants.

Mr. Amol A. Gatne for Respondent No.1.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 19 th SEPTEMBER, 2016.

P. C. :

1.

This is an application seeking condonation of delay on 316 days in preferring the First Appeal against the Judgment and Award dated 24.07.2015 passed by the M.A.C.T., Thane in M.A.C.P. No. 803 of 2008. 2.

Respondent No.2 is served. Affidavit of service is also filed to that effect. It is submitted that respondent No.2 has not appeared before the Trial Court though duly served. Learned counsel for respondent No.1 Insurance Company opposes the application.

3.

For the reasons given in paragraph Nos.11 to 16 of the application, as sufficient cause is made out for condonation of delay, the application is allowed and the delay in preferring the appeal is condoned. 4.

The Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 1/1