National Insurance Company Limited v. Shri Ashok Vasant Vadke...

5 caf4229-12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4229 OF 2012 IN FIRST APPEAL (ST) NO.29133 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Rahul Mehta i/b M/s.KMC Legal Venture for the applicant Ms.Priti Rajan Gupta i/b Mr.Deepak Deshmukh for the respondent no.1

CORAM

: K.K.TATED, J.

DATED : 06/01/2016 PC:

Heard the learned counsel for the parties.

This application is preferred by Insurance Company for condonation of 49 days delay in filing First Appeal challenging the judgment and award dated 3.5.2012 passed by MACT, Mumbai in Application No.2700 of 2003.

The learned counsel for the respondent no.1 vehemently opposed the present Civil Application. She submits that applicant has not shown sufficient cause for condonation of delay. Hence, there is no substance in the present Civil Application and same be dismissed with costs. Mohite 1/2

5 caf4229-12.doc Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order: a) Delay of 49 days in filing the First Appeal challenging the judgment and award dated 3.5.2012 passed by MACT, Mumbai in Application No.2700 of 2003 is condoned.

b) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2