The New India Assurance Co. Ltd. v. Mrs. Sujata Digamber Ugale And ORS.

1 38.3879.15 caf.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3879 OF 2015 IN FIRST APPEAL (ST) NO. 31410 OF 2014 The New India Assurance Co. Ltd.

.....Applicant V/s.

Mrs. Sujata Digamber Ugale and others .....Respondents Mrs. Poonam Mital for the applicant CORAM : K. K. TATED, J.

DATE :

MARCH 15, 2019.

P.C.

Heard the learned counsel for the applicant. Though the respondents are duly served, no one appeared on behalf of them when the matter is called out.

By this Civil Application, applicant is seeking condonation of 131 days delay in filing First Appeal challenging the order dated 26/03/2014 passed by Motor Accident Claims Tribunal at Nashik in

2 38.3879.15 caf.doc Motor Accident Claim Petition No. 711 of 2009. Considering the submissions made by the learned counsel for the applicant and the averments made in the Civil Application, I am satisfied that applicant has made out a case for allowing the Civil Application. Hence, following order:

(I) Civil Application is allowed in terms of prayer clause (a) which reads thus:

(a) that the delay of 131 days in filing the appeal be condoned. Any other and further orders be passed in favour of the Appellants in the favour of justice.

(II) Civil Application stands disposed of accordingly. (III) No order as to costs.

[K. K. TATED, J.]