Icici Lombard General Insurance Company Limited Through Mr. Satpalsingh Rajpurt Manager Legal v. Mrs. Shamimbano Ashraf Turki And ORS.

16.2867.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2867/2015 IN FIRST APPEAL (ST) NO. 31142/2014 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. KMC Legal Venture for the Applicant Mr. Ramesh Chavanke for the Respondent Nos.1 to 4.

CORAM : K. K. TATED, J.

DATE : FEBRUARY 2, 2016 P.C.:

1.

Not on board. By consent, the matter is taken on board.

2.

The learned counsel for the applicant submits that it is not necessary to serve respondent No.5. Statement is accepted. He submits that the Insurance Company has filed the appeal mainly on the ground of quantum and negligence.

3.

This application is made by the Insurance Company for condonation of 381 days delay in preferring the appeal challenging the judgment and award dated 02/04/2013 passed by the MACT, Vasai in MACP No.54/2009.

Basavraj G Patil 1/2

16.2867.15-caf 4.

Considering the submissions made by the learned counsel for the applicant and the averments made in the civil application, I am of the opinion that the applicant has made out a case for allowing the civil application.

5.

Hence, following order is passed:

a.

Delay of 381 days in filing the first appeal is condoned.

b.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2