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Bombay High CourtCAF/985/2015allowed

The New India Assurance Co. Ltd. v. Mrs. Geeta Navnath Kadam And Another

2016-08-25Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.985 OF 2015 IN FIRST APPEAL (STAMP) NO.28092 OF 2014 The New India Assurance Co. Ltd., Santacruz (West), Mumbai.

.... Applicant V/s.

Geeta Navnath Kadam & Anr.

.... Respondents Mr. T.J. Mendon, h/f. Mr. D.R. Mahadik, for the Applicant. None for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 25 TH AUGUST 2016.

P.C. :

1.

Heard learned counsel for the applicant.

2.

This is an application for condonation of delay of 244 days in preferring the First Appeal, challenging the Judgment and Award dated 8th October 2013, as passed by the M.A.C.T., Mumbai in M.A.C.P. No.130 of 2007.

3.

The Office Note shows that the notice of this Civil Application was duly served on the respondents; however, no one is present on their behalf.

4.

In view thereof, for the reasons stated in paragraph No.2 of the Civil 1/2 CAF-985-15.doc

Application, sufficient cause being made out, the delay of 244 days needs to be condoned.

5.

In the interest of justice, taking a liberal view of the matter, the Civil Application is allowed in terms of prayer clause (a). 6.

Office is directed to number the First Appeal and place it for admission in due course.

7.

Civil Application, accordingly, stands disposed of. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAF-985-15.doc