Shankar Krishna Kerkar And ORS. v. Reliance General Insurance Co.Ltd., Mumbai And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL Date: 2023.11.02 16:43:31 +0530 VASANT ANANDRAO IDHOL INTERIM APPLICATION NO.4328 OF 2023 IN FIRST APPEAL (STAMP) NO.12484 OF 2023 Reliance General Insurance Co. Ltd.

...Applicant V/s.

Shankar K. Kerkar & Ors.

...Respondents

Ms.Shalini Shankar for the Applicant / Appellant. Ms.Priyanka A. Babar i/b Mr.Tejpal Ingale for the Respondents and for the Applicant in IA No.16498 of 2023.

CORAM : RAJESH S. PATIL, J.

DATE :

1ST NOVEMBER , 2023.

P.C. :- 1.

This Interim Application is filed by the Applicant / Insurance Company for condonation of delay in filing the First Appeal. Paragraph 3 of the Interim Application reads as under :- "3.

That after passing an order the Appellant Company has followed and take advice of the senior advocates of the Appellant Company and after taking advice upon the above claim petition the petition is assign to the advocate for the further proceedings. Therefore the Appellant has filed present a separate civil Application for Condonation of delay."

2.

This is the only ground taken by the Appellant - Insurance 1/3

Company for condonation of delay, that they had taken advice of the senior advocates to file the First Appeal and therefore, there was a delay. In the entire Interim Application, there is no submission made as to when they approached the senior advocate to get advice and as to when they received the advice from the senior advocate ? The delay is of eleven months in filing the First Appeal. 3.

Supreme Court in the case of Esha Bhattacharjee V/s. Managing Committee of Raghunathpur Nafar Academy1 and in the case of P.K. Ramchandran V/s. State of Kerala2, that if there is no satisfactory reasons given in the condonation delay application, the same should be rejected.

4.

I have heard the counsel for both the sides and have gone through the contents of the Interim Application. Taking into consideration the reason given in the Civil Application and law laid down by the Supreme Court, no case is made out to condone the delay of eleven months in filing the First Appeal. 5.

Therefore Interim Application No.4328 of 2023 for condonation of delay is dismissed.

WITH FIRST APPEAL (STAMP) NO.12484 OF 2023 (2013) 12 SCC 649 (1997) 7 SCC 556 2/3

WITH INTERIM APPLICATION NO.16498 OF 2023 1.

Since Interim Application No.4328 of 2023 for condonation of delay is dismissed, the First Appeal stands dismissed. Interim Application No.16498 of 2023 for withdrawal of the amount deposited by the Insurance Company stands disposed of. Interim Applications pending, if any, are also dismissed.

(RAJESH S. PATIL, J.) 3/3