Bajaj Alliance General Insurance Co. v. Shri. Prem Shankar Vishwakarma And ORS.

YBG caf4016-13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4016 OF 2013 IN FIRST APPEAL (ST).NO.25897 OF 2013 Bajaj Alliance General Insurance Company Ltd.

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Applicants -VersusPrem Shankar Vishwakarma & Ors.

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Respondents Ms. Yogita Deshmukh i/b. M.M.Sathaye for applicants

CORAM

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K.K.TATED, J.

DATE :

20th March 2015.

P.C.

1] Heard the learned Counsel for the applicants. The respondents, though duly served, do not appear when the matter was called out.

2] This application is preferred by the insurance company for condonation of 266 days delay in filing first appeal, challenging the judgement and award dated 14th September 2012 passed by the M.A.C.T., Pune in M.A.C.P. No.654 of 2009.

YBG caf4016-13 3] Considering the submissions made by the learned Counsel for the applicants and the averments made in the civil application, I am satisfied that the applicants have made out a case for condonation of delay. Accordingly the civil application is allowed in terms of prayer clause (a), which reads thus:- "(a) that the delay caused in filing the present first appeal be kindly condoned and the accompanying first appeal be registered and heard on merits."

(b) civil application disposed of accordingly.

( K.K.TATED, J.)