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Bombay High CourtCAF/919/2017disposed off

Mr. Hansraj Balli Yadav And ORS. v. Bajaj Allianz General Insurance Co. Ltd. And ORS.

2023-06-05Hon'Ble Shri Justice Abhay Ahuja2 pages

1 11 caf 919-17 in fast 27597-16-c.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.919 OF 2017 IN FIRST APPEAL (ST.) NO.27597 OF 2016 Hansraj Balli Yadav and ors.

... Applicants/Appellants Vs.

Bajaj Allianz General Insurance Co. Ltd. and ors.

... Respondents ------- Mr.Bhushan Walimbe, Advocate for the Applicants/Appellants. Mr.Akshay R. Kulkarni i/by Mr.S.S.Diwan, Advocates for Respondent No.1.

------- CORAM : ABHAY AHUJA, J.

DATE : 05 JUNE, 2023.

P.C. :

1.

By this application, the Appellants are seeking condonation of delay of 422 days in preferring an appeal challenging the judgment and decree dated 17th March, 2015 passed by the Motor Accident Claims Tribunal, Kolhapur in Motor Accident Claim Petition No.646 of 2008. 2.

Mr.Bhushan Walimbe, learned counsel for the Appellants draws Digitally signed by PRIYA RAJESH SOPARKAR Date:

2023.06.06 10:20:10 +0530 the attention of this court to paragraph No.5 of the application in support PRIYA RAJESH SOPARKAR Priya R. Soparkar

2 11 caf 919-17 in fast 27597-16-c.doc of his prayers to condone the delay.

3.

Mr.Akshay R. Kulkarni, learned counsel for the Respondent No.1Insurance company raises a formal objection. 4.

Having heard the learned counsel for the parties and having perused the application, this court is of the view that the sufficient cause has been made out to condone the delay of 422 days. Accordingly, the delay of 422 days in preferring the first appeal is condoned. 5.

Let the appeal be registered and listed for admission on 20th July, 2023.

(ABHAY AHUJA, J.) Priya R. Soparkar