Reliance General Insurance Co. Ltd. Thr. Manager, Mr. Priyank Shah v. Smt. Guddidevi Ramvijay Kushwaha And ORS

(26) CAF 3277-17 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3277 OF 2017 IN FIRST APPEAL (STAMP) NO. 29322 OF 2017 Reliance General Insurance Co. Ltd.

.. Applicant Vs.

Smt. Guddidevi Ramvijay Kushwaha & Ors.

.. Respondents Ms. Deepika Prabhala I/b Res Juris for the Applicant. Mr. T. J. Mendon for Respondent Nos.1 to 3.

CORAM : K. K. TATED, J.

DATE : 3 rd APRIL, 2019.

P. C. :

1.

Heard learned Counsel for the parties.

2.

Office note shows that all the Respondents are duly served. In spite of service, learned Counsel appearing on behalf of Respondent Nos.1 to 3 seeks some time to file Affidavit-in-Reply but he is not ready to pay costs. Hence, adjournment refused.

3.

By this Civil Application, the Applicant-Insurance Company is seeking condonation of 248 days delay in filing the First Appeal challenging the Judgment and Award dated 09.09.2016 passed by the Motor Accident Claim Tribunal, Mumbai in Application No. 574 of 2011. 4.

Considering the submissions made by learned Counsel for Applicant and the reasons disclosed in paragraph 7 of the Civil Application, I am satisfied that the Applicant has made out case for allowing this Civil Application. Hence, following order :

(i) Delay of 248 days in filing the First Appeal is condoned. (ii) The Civil Application stands disposed of accordingly. (iii) No order as to costs.

[K. K. TATED, J.] 1/1