National Insurance Co Ltd v. Sirtaji Sukhaiprasad Gautam And ANR

28.CAF62_2012.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 62 OF 2012 IN FIRST APPEAL (St.) No. 30453 OF 2011 National Insurance Co. Ltd.

... Appellant/Applicant Vs.

Smt. Sirtaji Sukhaiprasad Gautam ... Respondent Mr. Sandesh Deshpande, Advocate for the applicant. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 23rd January, 2018.

P.C.:

This Application is moved for condonation of delay in filing the First Appeal.

2.

The learned counsel for the applicant submitted that notice is served on respondent No. 1/original claimant. He submitted that Civil Application is dismissed against respondent No. 2/owner of the vehicle on 23rd August, 2017. He submitted that he has no claim in Appeal against respondent No. 2. He further submitted that delay of 1 year and 21 days in filing the Appeal is caused due to compliance of procedural formalities and hence the same be condoned. 3.

In view of the uncontroverted submissions, delay of 1 year and 21 days is condoned.

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28.CAF62_2012.doc 4.

First Appeal be registered, 5.

Civil Application is allowed and is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2