The New India Assurnce Co. Ltd. v. Ms. Nancy Smith Carrapiett And Another

7- CAF 1825 of 2015 Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICAITON No. 1825 OF 2015 IN FIRST APPEAL (ST) No. 25478 OF 2014 The New India Assurance Co. Ltd.

...Applicant Vs.

Ms. Nancy Smith Carrapiett and Anr.

...Respondents

----- Ms. Pooja Yadav i/b. D.R. Mahadik for Applicant Mr. Omkar Paranjpe i/b. Mr. A.M. Gokhale for Respondent No.1 ----- CORAM :

SHRI K.K. TATED, J.

DATE :

MAY 02, 2019 P.C.:

1.

Heard learned counsel for the parties.

2.

By this civil application, the Applicant is seeking condonation of 57 days' delay in filing the First Appeal, challenging the judgment and award dated 28th January, 2014 passed by the Motor Accident Claim Tribunal, Mumbai in M.A.C.T. Application No.2707 of 2008. 3.

Learned counsel Mr. Omkar Paranjpe appearing for respondent No.1 submits that the Applicant has not shown sufficient cause for condonation of delay. If this Court comes to the conclusion that Applicant has made out a case for allowing the civil application, then in that case, costs may be imposed.

4.

Considering the submissions made by the learned counsel for the Applicant, and the averments made in the civil application, I am satisfied that the Applicant has made out a case for allowing this civil application without imposing any costs. Hence, following order:

7- CAF 1825 of 2015

ORDER

(A) Delay in filing the First Appeal is condoned. (B) Civil Application stands disposed of accordingly. [ K.K. TATED, J.] Tikam