Icici Lombard General Insurance Company Ltd. v. Smt. Lata Keshav Gajare And ORS.

10 caf2565-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2565 OF 2014 IN FIRST APPEAL (ST) NO.33682 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Rahul Mehta i/b M/s.KMC Legal Venture for the applicant Mr.Jitendra Gaikwad for the respondent nos.1 to 3

CORAM

: K.K.TATED, J.

DATED : 05/03/2015 PC:

Heard the learned counsel for the parties.

This application is preferred by Insurance Company for condonation of 146 days delay in filing First Appeal challenging the judgment and award dated 16.3.2013 passed by MACT, Baramati in MACP No.56 of 2011.

The learned counsel for the respondents claimants vehemently opposed the present Civil Application. He submits that applicant has not shown sufficient cause for condonation of delay. Considering the submissions made by the learned counsel for the Applicant, the averments Mohite 1/2

10 caf2565-14.doc made in the Application and the reasons disclosed in paragraph 3 of the Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

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

"(a) That the delay of about 146 days in having filed the present First Appeal be condoned."

b) Civil application stands disposed off accordingly.

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