Shri. Vikram Kishor Thakkar v. Shri. Narinder Birsingh Puransingh Sahney And ANR.

907-caf-3704-2015.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3704 OF 2015 IN FIRST APPEAL (ST.) NO.29320 OF 2015 Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions and the Registrar's orders Court's or Judge's orders Mr. Ramsh Jadhav, for the Appellant.

Mr. Devendranath Joshi, for the Respondent.

CORAM: MRS.MRIDULA BHATKAR, J.

DATED: 28th OCTOBER, 2015 .

This civil application is moved for condonation of delay of 3 years 3 months and 24 days.

2.

The learned counsel for the Appellant submits that in the Appeal filed by the owner of the vehicle against the claimant and the Insurance Company could not be filed within time because he did not have knowledge of either proceeding or the order passed therein. He submitted that the learned Chairman of the Tribunal has decided the matter ex-parte. The Appellant has not received any intimation of the proceeding before the Chairman Vishal 1 of 2

907-caf-3704-2015.doc and when the execution proceeding is taken out by Respondent No. 1, he came to know about the award. Hence, this delay.

3.

The learned counsel for the Respondent is present. He opposed the application.

4.

In view of the submissions of the learned counsel and the reasons given therein, I am satisfied with the reasons. Hence, the delay is condoned. The Appeal be registered.

5.

Accordingly, Civil Application stands disposed of.

(MRS.MRIDULA BHATKAR, J.) Vishal 2 of 2