Royal Sundaram Alliance Insurance Company Ltd. v. Mr. Ashwinkumar Balu Lobhi And ANR.

20 caf3980-14.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO.3980 OF 2014 IN FIRST APPEAL (ST). NO.30876 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Nikhil Mehta i/b M/s.KMC Legal Venture for the applicant None for the respondent CORAM : K. K. TATED, J.

DATED : 12/02/2016 P.C.:

.

Heard the learned counsel for the applicant.

None for the respondent no.1 though duly served.

The learned counsel for the applicant filed praecipe dated 28.1.2015 to dispense with the notice on respondent no.2 since he is not necessary party. On the basis of praecipe filed by the applicant, same is allowed at their cost and consequences. This application is preferred by Insurance Company for condonation of 29 days delay in filing First Appeal challenging the impugned judgment and award dated 17.7.2014 passed by MACT, Raigad, Alibag in MACP No.401 of 2011 awarding a Mohite 1/2

20 caf3980-14.doc sum of Rs.16,24,104/- with 7.5% interest p.a. by way of compensation.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order: A) Civil Application is allowed in terms of prayer clause (a) which read thus:

"(a) That the delay in filing the Appeal of about 29 days in filing the present First Appeal be condoned."

(B) Civil application stands disposed off accordingly.

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